Civil Courts Introducing a New Intimate Partner Violence Tort: Coercive and Controlling Behaviour and the Potential Barriers to Victims for Access to Justice [ Part 2 ]
Survivors who experience CCB by an intimate partner may find themselves needing to seek help and safety from the court system. Individuals may not know the potential risks of seeking intervention from the court system that may lead to further CCB if the intimate partner misuses the court system. Litigation abuse can cause substantial harm to an individual in the court system. This discussion will examine several potential barriers and concerns arising from the new IPV tort.
Reassessing Principal Exception of Hearsay: The Supreme Court of Canada (SCC) Clarifies the Threshold of Reliability in R v Charles
Truth in a criminal court is often delivered second-hand. Truth is mentioned through stories, vague statements, whispers, and recollections. But what happens when those second-hand truths are considered admissible without ever being tested? R v Charles compelled the courts to confront this question. The case examines whether a witness’s out-of-court statement possessed indicia of reliability and whether the evidence is considered admissible if the witness cannot recall the st
