Where Law Meets Limitations: The Roles and Boundaries of Trial Judges in the Development of the Common Law
There is no question that historically, women and men have been hesitant to come forward and report sexual offences. These victims are afraid to come forward because of the fear of not being believed, fear of retribution, and fear of the criminal justice system and its methods. However, in the past few decades, the combined efforts of Parliament and the common law have helped to bridge some of the gaps that perpetuate these fears.
Time Versus Evidence: Do Time Restrictions on NCRDM Applications Change Expert Witness Decisions?
In R. v Landrick [2022] BCCA 181, the appeal hinges on new expert evidence with the application of a “Not Criminally Responsible due to Mental Disability” (NCRMD) application. While an application for an NCRMD assessment is generally used as a defence during an original trial, there are instances where it can be used on appeal. The explanation given by the appeal Judge in this case calls attention to how limited time to receive an NCRMD assessment can impact expert witnesses
The Double-Edged Sword of Investigative Genetic Genealogy: Convictions and Privacy
In 2018, American authorities finally solved the infamous cold case of the Golden State Killer, more than 40 years after his first crime was committed. Joseph DeAngelo, a former police officer who committed at least 12 murders and 50 sexual assaults across California, was finally identified using investigative genetic genealogy (“IGG”). This investigative technique uses DNA analysis and public genetic genealogy databases to identify suspects by tracing them through their gene
Teachers, Social Media, and the Limits of Professional Responsibility - a Podcast
A recent podcast by Amy and Georgia takes a close look at a question that is becoming increasingly common in Manitoba schools: how much control can school divisions have over what teachers do on social media, especially outside of working hours? The discussion begins with a simple but important observation. Policies across Manitoba are inconsistent. Some school divisions have detailed rules about social media and communication with students, while others provide only minimal
The Intersection of Credibility and Stereotypes in the Family Violence Context
Family violence is defined broadly in the Divorce Act, including any conduct “that is violent or threatening or that constitutes a pattern of coercive and controlling behaviour.”[i] This includes psychological abuse and financial abuse.[ii]Family violence has been recognized by the Supreme Court of Canada (SCC) as being “notoriously difficult to prove.”
