Law Commons^™

Reforming Canada's Cruel And Unusual Approach To Mandatory Minimum Drug Sentencing, Shelby Hayes

Master of Laws Research Papers Repository

Following the introduction of the Safe Streets and Communities Act, mandatory minimum penalties (MMPs) were greatly expanded in Canadian criminal law. This expansion has been controversial, particularly in the context of drug crime. Through the lens of proposed legislation, Bill C-5, this paper presents the arguments both for and against the use of MMPs in the Controlled Drugs and Substances Act, with a particular focus on their potential to produce cruel and unusual punishment. Ultimately, this paper argues that, on account of their many downfalls, MMPs should have no place in Canadian drug law.

Bail In The Time Of Covid-19, Thomas A. Stinson

Master of Laws Research Papers Repository

The COVID-19 pandemic that began in early 2020 resulted in changes to both the form and content of bail hearings and reviews within Ontario. While the statutory framework contained within sections 515, 520, 525 and 679 of the Criminal Code remained unchanged, practical changes were necessary in order to allow bail matters to occur virtually and safely. Initially, the existence of COVID-19 may have allowed for the release of some accused persons who would not have been let out on bail prior to the pandemic. By early 2021, bail courts appear to have settled into a pattern where the COVID-19 …

Faithfully Negligent: Religious Implications For Criminal Negligence Cases, Supreet Kaur Bath

Master of Laws Research Papers Repository

Do the actions of parents in withholding medical treatment from their children due to religious influence show wanton or reckless disregard for the safety and lives of their children? This project investigates the morally and legally complicated issue of the influence of religious beliefs in criminal negligence cases. My MRP is animated by the idea that similar cases in the past have been treated with leniency and ought to be given stricter punishments.

I focus in particular on cases in which parents opt for alternative remedies or faith healing for ill children in ignorance or defiance of available medical treatments. …

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that solitary …