Sexual Assault and Similar Fact Evidence
As with other types of evidence, similar fact evidence (“SFE”) is only admissible when its probative value outweighs its prejudicial effect. The rationale for its presumed inadmissibility is that SFE is an example of bad character evidence. This evidentiary rule is especially challenging in sexual assault cases due to the prevalence of existing biases toward gender, race, and sexual orientation.
Conflicting Verdicts Due to Jury Instructions?
Inconsistent verdicts generally happen when a jury finds a person guilty and not guilty of the same conduct on the same evidence. If this happens it is up to appellate courts to determine if the discrepancy can be explained, reconciled or resolved by faulty jury instruction. But what happens when judges can’t decide what the solution is?
Impaired Driving, Care and Control
Impaired driving is the leading criminal cause of death and injury in Canada. Thus, the importance of deterring individuals from driving while impaired by alcohol and/or drugs has been reflected in the Criminal Code of Canada where the penalties for the offense of driving impaired range from a mandatory minimum fine to life imprisonment, depending on the severity of the offence. One key factor in determining an impaired driver is whether they had care or control of the vehicl
Welcome to Professors Trask and Murchison as RC Editors
The Editorial Team grows here at Robson Crim with two new exciting additions. Robson Crim is housed in Robson Hall, one of Canada's oldest law schools. Robson Crim has transformed into a Canada wide research hub in criminal law, with blog contributions from coast to coast, and from outside of this nation's borders. With nearly 40 academic peer collaborators at Canada's top law schools.
Privacy Rights in the Digital Age
t is widely appreciated that law must be interpreted within its social context. Currently, our social context is defined by the Digital Age in which large amounts of information can be exchanged across a wide audience through various technologies. Though the impact of the Digital Age is wide in scope, the following analysis is limited to how it has reshaped individual privacy within Canada’s criminal law context. Specifically, the Supreme Court of Canada decision in R v Jarvi
