The SCC and DLW: An Example of Judicial Restraint in Difficult Circumstances?
Was the Supreme Court of Canada’s (“SCC”) decision in R v D.L.W. (DLW) appropriate? In deciding DLW the SCC determined the definition of bestiality within s. 160 of the Criminal Code of Canada. The definition may be unsatisfactory and unsavory for many given the circumstances of the case. The cases’ dissent upon each level of appeal is evidence of that reality. A summary of the facts of the case followed by a brief analysis of the courts’ conclusion will be given.
Cyber Crimes: Revenge Porn Legislation and its Applicability to 3rd Party Websites
As technology changes, and society with it, the court has been slow to change with it. The distribution of intimate sexual images has increased with applications such as snapchat that allow for sending of temporary images that disappear after being viewed. But what if they are sent over a more permanent medium? What if the recipient opens it and shows it to others? What if the recipient saves the image, with permission from the sender, but then sends it to others or posts it
Confusion in Exclusion: Inconsistencies in the Application of s. 24(2)
The overarching purpose in the application of the Grant test is to determine whether the exclusion of evidence under section 24(2) of the Charter would “bring the administration of justice into disrepute.”While maintaining the repute of the administration of justice is arguably a laudable concern, it takes for granted the fact that there are Canadians who might not view the Canadian legal system as reputable in any sense.
The Coercive Control Concept and Application to Court Procedures
Although courts have gradually been adapting when it comes to understanding of gendered violence, the arguments put forth by Janet E. Mosher in the article, Grounding Access to Justice Theory and Practice in the Experiences of Women Abused by Their Intimate Partners, still gives insightful commentary in the way that courts have operated as proxies for that violence.
R v. Javanmardi: Clarifying... To An Extent
Ms. Javanmardi was charged with unlawful act manslaughter and criminal negligence causing death. The victim, 84-year old Mr. Matern, had heart disease and came to the accused’s naturopathic clinic with the hopes that naturopathy would improve his quality of life. After conducting a consultation, Ms. Javanmardi recommended a course of treatment with nutrient injections. The victim insisted that the treatment begin that day. He died later that night due to a contaminated nutrie
