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.
