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The Slow Death Of The Reasonable Steps Requirement For The Mistake Of Age Defence, Isabel Grant
The Slow Death Of The Reasonable Steps Requirement For The Mistake Of Age Defence, Isabel Grant
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This article examines the demise of the “all reasonable steps” requirement in s. 150.1(4) of the Criminal Code which limits an accused’s ability to assert a mistaken belief in age as a defence to sexual offences against children where he has failed to take such steps. The article demonstrates that the Court of Appeal for Ontario in R v Carbone has rendered this requirement meaningless in Ontario. Even where the Crown has met its burden to prove beyond a reasonable doubt that the accused did not take “all reasonable steps” to ascertain age, the Crown must still go on and …
Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Isabel Grant, Lise Gotell
Non-Consensual Condom Removal In Canadian Law Before And After R. V. Hutchinson, Isabel Grant, Lise Gotell
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This paper examines the phenomenon of nonconsensual condom removal (NCCR) and its relationship to sexual assault in Canada. Using empirical studies and the insights of feminist theory, we explore the nature of the harms caused by NCCR and contend that this pervasive practice constitutes sexual assault. We then critique the decision of R v Hutchinson, which held that condom sabotage does not negate subjective consent, ignoring the dignitary harms of NCCR. While lower court decisions before Hutchinson recognized that consent to sex with a condom does not include consent to sex without, courts after Hutchinson have struggled to distinguish the …
Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes
Starting With Life: Murder Sentencing And Feminist Prison Abolitionist Praxis, Debra Parkes
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Advocates of decarcation often focus their critiques on imprisonment for non-violent offences. In this vein, current advocacy efforts to end mandatory sentences in Canada tend to carve out “serious violent offences” as not part of a reform agenda. In this chapter, Debra Parkes sketches out the contours of an argument for why feminists might not want to cede that ground, why anti-carceral feminism might involve centering our analysis on the most, rather than the least, serious crimes – starting with those who are serving life sentences for murder. Parkes identifies four non-exhaustive reasons for that focus. The first reason relates …