Addiction and the Defence Gap in Canadian Criminal Law
More than 40% of crimes committed in Canada are linked to substance use. This excludes offences involving driving under the influence or violations of the Controlled Drugs and Substances Act. Individuals who struggle with addiction are suffering from a mental illness; they are not necessarily consciously choosing to use drugs or alcohol each day but are often compelled by their condition.This post argues that the amendment to s. 33.1 of the Criminal Code, Bill C-28, creates a
Whispered Words and Weighty Consequences: The Supreme Court’s Expansive View of Hearsay in R v Schneider
If anyone can repeat something they claim to have heard—without tangible proof, recording, or corroboration—what separates fact from hearsay? In cases as grave as murder, where the consequence can be a life sentence of imprisonment, admitting sources of recollection as proof of guilt invites doubt not only about the verdict but about the Court’s commitment to the standard of proof that defines criminal justice itself.
Policing Protest: Who Gets to Break the Law?
The criminalization of peaceful protests as violent conduct has become an increasingly concerning issue in Canada. The imposition of criminal language on protest action delegitimizes activism by framing it as violence, and in turn legitimizes police intervention against activists. The legal and rhetorical criminalization of protest, how the justice system redefines democratic participation as disorder and the proportionality between protest tactics and injustice they challeng
Civil Courts Introducing a New Intimate Partner Violence Tort: Coercive and Controlling Behaviour and the Potential Benefits to Victims for Access to Justice [ Part 1 ]
Intimate partner violence is a serious issue in Canada. This discussion will examine how Canadian courts recognize coercive and controlling behaviour within civil law, regarding the new intimate partner violence tort, and whether the tort will improve access to justice for survivors. The important questions are: how are the courts recognizing the harms of CCB? And what are the potential positives of the courts recognizing and providing legal consequences for this type of abus
CALL FOR PAPERS: Robson Crim’s Annual Special Issue on Criminal Law
The Manitoba Law Journal in conjunction with Robsoncrim.com are pleased to announce our annual call for papers in Criminal Law. We seek submissions related to criminal law, criminology and criminal justice and cognate disciplines in Canada, the USA and the world. Since 2016 we began publishing 2-4 volumes annually of this specialized criminal law volume. We publish through Manitoba Law Journal which is one of Canada’s oldest law journals having a history that traces back over
