Victims’ Rights and Health Care Workers
Violence against health care workers has become an increasingly serious concern within Canada’s health care and criminal justice systems, a trend that has been exacerbated by the heightened pressures and public tensions associated with the COVID-19 pandemic. Health care professionals occupy a unique and essential role in society, delivering critical services in high-stress environments while routinely interacting with individuals experiencing fear, crisis, or emotional distre
Behind Closed Doors and Locked Phones? Navigating the Admissibility of Past Sexual History as Evidence in R v Kinamore
In a digital age where text messages and screenshots can sometimes speak to the case at hand, more so than testimony, R v Kinamore tests and challenges the extent to which digital interactions may be used as evidence when the content may be prejudicial. R v Kinamore dives into the unclear waters of evidentiary admissibility when assessing messages, sexual history—and, most importantly, the lack thereof, and whether such evidence should be placed before the trier of fact.
Protective Detention or Constitutional Problem? Bill 48 and the Section 7 Case Against Manitoba's 72-Hour Detox Law
In November 2025, Manitoba became the first province in Canada to authorize 72 hours of involuntary detention for intoxicated individuals, tripling the previous limit with near-unanimous legislative support. Bill 48, The Protective Detention and Care of Intoxicated Persons Act, passed through the legislature quickly, but the constitutional questions it raises will not resolve as easily.
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 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.”
