Rhymes and Reason: Navigating the Evidentiary Admissibility of Rap Lyrics in the Courtroom
Music is a form of creative and artistic expression that has existed since time immemorial. Today, such freedom to express oneself is being challenged in an evidentiary context in our legal world.For instance, you may have heard of the notorious YSL trial in the United States involving rap artist Young Thug, and how the original trial judge allowed for the admission of his song lyrics as evidence. The fundamental question remains: should rap lyrics be admissible as evidence i
From Tradition to Testimony: The Role of Indigenous Oral History as Evidence
Indigenous oral history transfers knowledge and laws throughout generations and has increasingly been used as evidence in Canadian courts. A failure to adequately consider oral history within legal disputes would be problematic in the wake of Canada’s ongoing attempts at reconciliation.Using Indigenous oral history as a form of evidence in the courtroom highlights the difficulties that arise when the common law system attempts to integrate Indigenous law and traditions in a n
Issues With the Ministerial Review Process and the Law of Confessions: Odelia and Nerissa Quewezance’s Fight for Freedom
The case of Odelia and Nerissa Quewezance (the “sisters”) highlights significant issues within the Canadian criminal justice system, particularly in relation to the law of confessions and the ministerial review process (“MRP”). Convicted in 1994 for the murder of Joseph Dolff, the sisters have maintained their innocence for over three decades, raising serious questions about the voluntariness of their confessions given the context of their interrogation.
Discretion and Discrimination - Admission in Apprehension Hearings for Child Protection Matters
In 2022, Indigenous people accounted for 7.7% of children under 15 years old; however, they represented 53.8% of children in foster care.”Additionally, over 50% of Indigenous children in foster care lived with non-Indigenous parents. These statistics raise enormous concern, as even with the TRC Calls to Action and Bill C-92, Indigenous children continue to be taken away from their families and culture at an alarming rate.
“Don’t believe your ears!” - R v Prasad Reaffirms the Role of Expert Opinion Evidence
In criminal trials, the courts have stressed that the trial process must be respected, and that the role of the trier of fact must never be usurped by another. However, there are often circumstances where, in order for a trier of fact to draw the desired inferences from the facts presented at trial, the court will allow a witness with specialized knowledge or expertise to provide opinion evidence to assist the trier of fact in their analysis.
