The Important Role of the Trial Judge
One of the most important aspects of a trial is witness testimony. The entire trial system in Canada is based upon an “oral tradition”, meaning that most of the evidence that is heard at trial comes as a result of witness testimony. When evidence is adduced at trial, the trier of fact must decide what evidence will be given weight. In other words, the trier of fact must decide what evidence it will accept as accurate and subsequently use to come to a decision regarding the is
Covid Confinement - Evaluating Solitary Confinement as a Criminal Punishment
Having endured over a year now of government-imposed restrictions on personal liberty to curb the case count of covid, the general population is now able to better understand the implications of confinement. This blog will begin by exploring the historical reasoning behind solitary confinement, its effectiveness and psychological impact, and circle back to the current state of Covid-19 and what it entails for inmates who have already been deprived of many rights.
Reducing Stigmatization of Mental Illness and Furthering Equality - Jodi Plenert
With the rising awareness of the prevalence of mental disorders, society has started to emphasize the importance of mental health. However, individuals living with mental illness still bear the burdens of stigmatization and discrimination. The general public continues to view and treat individuals living with mental disorders as menacing, under-developed, and less-than-human.
Pushing the Envelope of Section 8
R v Ibrahim (“Ibrahim”) is a case about rights of an accused criminal guaranteed under the Canadian Charter of Rights and Freedoms (“the Charter”) versus valid police objectives. Put more broadly, this is an example of how the common law powers of police search and seizure are slowly but surely poking into the protective bubble of Canadians’ section 8 Charter right to privacy. Why should you care about this?
To Grant, or Not to Grant Bail: That is The Question
One of the core principles of criminal justice is that everyone is innocent until proven guilty. This principle sits uneasy when it butts up against the issue of what to do with the accused prior to them being proven guilty. Is it fair to detain the accused only for them to be later acquitted? This is what bail attempts to solve. The two interests at odds are (1) the interests of the accused, and (2) the interests of the society.
