Bestiality: A Discussion on DLW
The decision in DLW reflected the majority of the court not wanting to open the door to
new expansive animal rights law rather than truly believing that bestiality has always included penetration. Two major discussion points support this claim. First the major flaws in the majorities reasoning as pointed out in Abella’s dissent and second the analysis by Jochelson & Gacek of what it would have looked like if they had attempted a Labaye harm test for the offence of bestiality.
DLW: The Struggle to Recognize Animal Sentience
Bestiality is arguably one of the most taboo topics in criminal law. So much so that the lack of conversation pertaining to it in criminal courts is more telling than what has been said. The struggle with bestiality became apparent in R v DLW, where the court struggled to make sense of an offence that is rarely explicitly analyzed.
Flipping the Script: How Use of Power by Police in the 1960s Worked Against Them
Led by Martin Luther King and other civil rights leaders, a massive campaign was kicked off to spread awareness
The Problem with Prisons
There are few institutions, if any, that inhibit liberty more than prisons. Although they have become deeply ingrained in Canada.
Section 489(2): No Warrant? No Problem!
Section 489(2) in the Criminal Code permits seizures of material without a warrant on two conditions: firstly, that the officer be lawfully present; and secondly, that the officer believes on reasonable grounds that the seized property has been used in or for the commission of an offense.Intuitively this power must be considered specifically with an eye to section 8 of the Charter of Rights and Freedoms against unlawful searches and seizures.
