Genetic Genealogy: Where is Consent?
In October of 2020, Toronto police used a technique to identify 9-year-old Christine Jessop’s killer after thirty-six years. The technique used is called genetic genealogy, which combines direct-to-consumer DNA tests like those purchased through 23andMe or Ancerstry.com, with age-old tracing of family’s trees with public records. This powerful new technique can also generate leads on unknown suspects in crimes.
R. v. Oghieakhe
This is a recent case out of the Manitoba Provincial Court. The offender in this case, Oghieakhe, has already been found guilty of sexual assault after his initial trial. This trial is to determine an appropriate sentence based on his personal circumstances. The facts of the case are as follows: on March 27, 2017, the victim went over Oghieakhe’s apartment after making plans to do so. The offender emphasized that she should come by taxi, “expressing concern about her driving
Mandatory Minimums: A Miscarriage of Justice
Are mandatory minimum sentences (MMS) benefiting offenders in the Canadian Criminal Justice System (CJS) or are they leading to miscarriages of justice? A significant array of scholarly articles and court cases lean towards mandatory minimums being a part of the downfall of the CJS. MMS are leading to a variety of miscarriages of justice by targeting Aboriginal offenders for specific offences, placing limits on the use of Criminal Code section 718.2 (e).
What Types of Offences Should Apply to Criminal Code Rules on Organizational Crime?
The Supreme Court of Canada recently released its decision in Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32. Professor Darcy MacPherson preternaturally anticipated some novel issues in the case in a recent paper.
Read Professor D. MacPherson's compelling paper "To What Types of Offences Should the Criminal Code Rules on Organizational Crime Apply?:A Comment on 9147-0732 Québec Inc c Directeur DesPoursuites Criminelles et Pénales"
The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements
The Dangers of a Punitive Approach to Victim Participation in Sentencing: Victim Impact Statements after the Victims Bill of Rights Act by ELIZABETH JANZEN considers "the Canadian regime governing the participation of victims in sentencing through the use of victim impact statements, with a focus on the regime following the 2015 amendments implemented through the Victims Bill of Rights Act."
