Anti-South Asian Hate Online in Canada
Canada on the international stage has always portrayed itself to be welcoming to newcomers. However, this is not the reality for many Indians and other South Asians living in Canada. Anti-South Asian sentiment on social media has become increasingly visible. Every person in Canada has the right to free speech. However, this right is subject to certain restrictions. So, one could ask: How far can a joke go before someone is offended? And can that offence be criminalized?
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.
The Duty to Inform and its Impact on Fairness: R v Tessier and R v Tayo Tompouba
Judges and police officers are held to a higher standard, expected to uphold fairness and apply discretion with integrity. Yet, when they fail to inform individuals of their rights, the fairness of the entire judicial process is called into question.
This tension lies at the core of R v Tessier (2022 SCC 35) and R v Tayo Tompouba (2024 SCC 16).
The Art of the Self-Snitch: Rap Lyrics, Admissibility, and the Hearsay Rule
Gangsta Rap’s tendency to exaggerate criminal activity leads to issues of reliability. How truthful are these stories? Can we reliably take these lyrics as fact? In the context of prosecution, a key question arises: can rap lyrics be used to establish criminal liability notwithstanding the reliability issues from exaggeration?
The discussion focuses on when rap lyrics are admissible as evidence within the context of hearsay, and the balance between artistic expression and cr
