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- Canada; Criminal law; Homicide; Family violence; spousal homicide; femicide Sentencing (1)
- Canada; criminal law; sexual assault; intoxication; incapacity; involuntariness; consent; proof; sex equality (1)
- Pillage; plunder; blood diamonds; coltan; illegal exploitation of natural resources; corporate war crimes (1)
- Sexual assault; age of consent; statutory rape; sexual exploitation; sexual violence against girls (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart
Corporate War Crimes: Prosecuting Pillage Of Natural Resources, James G. Stewart
All Faculty Publications
Pillage means theft during war. Although the prohibition against pillage dates to antiquity, pillaging is a modern war crime that can be enforced before international and domestic criminal courts. Following World War II, several businessmen were convicted for the pillage of natural resources. And yet modern commercial actors are seldom held accountable for their role in the illegal exploitation of natural resources from modern conflict zones, even though pillage is prosecuted as a matter of course in other contexts. This book offers a doctrinal road-map of the law governing pillage as applied to the illegal exploitation of natural resources by …
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
The Age Of Innocence: A Cautious Defence Of Raising The Age Of Consent In Canadian Sexual Assault Law, Janine Benedet
All Faculty Publications
In 2008, Canada raised the age of consent to sexual activity with an adult from 14 years of age to 16. This change was motivated, in part, by several high profile cases of internet “luring” of younger teenagers. This article considers whether raising the age of consent has had any benefits. It begins by discussing the history and development of age of consent laws in Canada. The justification for a statutory age of consent has shifted from one based on the age at which a girl is deemed to be sexually available to one based on her capacity to give …
The Sexual Assault Of Intoxicated Women, Janine Benedet
The Sexual Assault Of Intoxicated Women, Janine Benedet
All Faculty Publications
This article considers how the criminal law of sexual assault in Canada deals with cases of women who have been consuming intoxicants (e.g. alcohol and or drugs). In particular, it considers under what circumstances the doctrines of incapacity to consent and involuntariness have been applied to cases in which the complainant was impaired by alcohol or drugs. It also reflects on problems of proof in such cases. Finally, it examines whether the treatment of this class of complaints tells us anything about the law’s understanding of consent, and capacity to consent, more generally, in the context of competing social understandings …
Intimate Femicide: A Study Of Sentencing Trends For Men Who Kill Their Intimate Partners, Isabel Grant
Intimate Femicide: A Study Of Sentencing Trends For Men Who Kill Their Intimate Partners, Isabel Grant
All Faculty Publications
This article examines sentencing trends over the past 18 years for men who kill their intimate partners. Using a sample of 252 cases, the article demonstrates that periods of parole ineligibility for second degree murder rose significantly after the Supreme Court of Canada’s decision in Shropshire but have more recently levelled off to a range that is still higher than the pre-Shropshire era. With respect to manslaughter, changing social attitudes and the amendments to the Criminal Code making the spousal nature of the crime an aggravating factor have resulted in increasingly severe sentences for spousal manslaughters. While a large number …