R v Nygard: the Use of Circumstantial Evidence and Inference to Establish Abuse of Process
In R v Nygard, the accused was an internationally recognized fashion mogul investigated in relation to several sexual assault complaints. In 2021, the Manitoba Prosecution Service concluded that there was a reasonable likelihood of conviction. Later that same year, Nygard was charged with sexual assault in other provinces, and this was reported by CBC. The Court viewed AG Goertzen’s series of actions as evidence that amounted to an abuse of process and ordered a judicial stay
Warrantless Searches of Personal Electronic Devices and the Admissibility of Evidence: Constitutional Limits Under the Customs Act
As society grows increasingly reliant on technology and digital systems, the use of personal electronic devices (PEDs) has become the primary means of storing personal data. While advances in technology have enhanced convenience in the digital age, they also raise complex legal challenges in criminal law and evidentiary rules governing searches and seizures at ports of entry. To what extent do travellers have a right to privacy?
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.
Confession by Design: Mr. Big Operations and the Exploitation of Vulnerability
Confessions carry significant weight in this system. They are intuitively persuasive and often treated by triers of fact as powerful admissions of guilt, even where contextual or coercive factors may be present. Given the natural inclination toward guilty verdicts in the face of such admissions, judicial actors have paid considerable attention to developing safeguards to regulate how confessions are obtained. These protections, Mr. Big Operations (MBO) skillfully evade any sa
Reforming Gladue: A Call for Judicial Accountability in Sentencing Indigenous Offenders
The legacy of the Supreme Court of Canada’s 1999 decision in R v Gladue remains part of Canadian law today. The “Gladue principles” arise from section 718.2(e) of the Criminal Code, which was enacted to address the overrepresentation of Indigenous people in Canadian prisons.Despite the adoption of section 718.2(e), Indigenous people remain drastically overrepresented in Canadian prisons. This demonstrates the need for meaningful reform.
