Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Sexual assault (4)
- Rape (3)
- Consent (2)
- Cross-exam (2)
- Cybercrime (2)
-
- Defence lawyer (2)
- Duty of loyalty (2)
- Ethics (2)
- Hired gun (2)
- Interview (2)
- Professionalism (2)
- Sexual history (2)
- Aboriginal (1)
- Assistance in Dying (1)
- Border (1)
- Canada (1)
- Carter v Canada (1)
- Cellphone (1)
- Charter (1)
- Civility (1)
- Complainant (1)
- Computer (1)
- Computer Law (1)
- Cross-examine (1)
- Electronic (1)
- Electronic evidence (1)
- Evidence (1)
- Federal correctional system (1)
- International law (1)
- Internet Law (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene
The ‘Hart’ Of The (Mr.) Big Problem, Adelina Iftene
Articles, Book Chapters, & Popular Press
In 2014, the Supreme Court of Canada in R v Hart reviewed the application and evidentiary consequences of Mr. Big operation. For the majority, Moldaver J. changed the common law confessions rule so that it applies in Mr. Big scenarios based on a two-pronged test. Immediately after Hart, the SCC rendered a new decision in R v Mack where the two pronged test was leniently applied in favour of the Crown. In this article I argue that the SCC approach in Hart and its application in Mack failed to address to the core problems that Mr. Big operations pose. It …
Unlocking The Doors To Canadian Older Inmate Mental Health Data: Rates And Potential Legal Responses, Adelina Iftene
Unlocking The Doors To Canadian Older Inmate Mental Health Data: Rates And Potential Legal Responses, Adelina Iftene
Articles, Book Chapters, & Popular Press
This article is based on a quantitative study investigating the quality of life of older Canadian prisoners. For this study, social science methodology was used to answer certain legal questions, such as: what are the mental health issues of older male offenders and how are these needs influencing the exercise of their legal rights? Are institutions prepared to deal with the increased needs of older offenders? If no, is this an infringement of this group's rights? In this article, the mental health problems of older offenders are first outlined. Second, the legal, policy, and institutional limitations in responding to these …
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
Articles, Book Chapters, & Popular Press
Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …
The Inhospitable Court, Elaine Craig
The Inhospitable Court, Elaine Craig
Articles, Book Chapters, & Popular Press
Who speaks and with what authority, who is believed, what evidence is introduced, and how it is presented, is informed not only by the substantive law and the rules of evidence but also by the rituals of the trial. It is from this legal process as a whole that a judge or jury determines the (legal) ‘truth’ about a woman’s allegation of rape. A sexual assault complainant’s capacity to be believed in court, to share in the production of meaning about an incidence of what she alleges was unwanted sexual contact, requires her to play a part in certain rituals …
Judging The Social Sciences In Carter V Canada (Ag), Jodi Lazare
Judging The Social Sciences In Carter V Canada (Ag), Jodi Lazare
Articles, Book Chapters, & Popular Press
This paper examines a recent example of evidence-based decision making affecting social policy at the trial court level. It offers a close reading of Carter v Canada (AG), decided by the British Columbia Supreme Court, and of Justice Lynn Smith's careful scrutiny of the social science evidence when invalidating the Criminal Code prohibition on assistance in dying. Drawing on literature which examines the legal system's use of social science evidence and expert witnesses, this paper suggests that Justice Smith's treatment of the evidence in Carter provides an example of skilled judicial treatment of the extensive amounts of social science evidence …
Section 276 Misconstrued: The Failure To Properly Interpret And Apply Canada's Rape Shield Provisions, Elaine Craig
Section 276 Misconstrued: The Failure To Properly Interpret And Apply Canada's Rape Shield Provisions, Elaine Craig
Articles, Book Chapters, & Popular Press
Despite the vintage of Canada’s rape shield provisions (which in their current manifestation have been in force since 1992), some trial judges continue to misinterpret and/or misapply the Criminal Code provisions limiting the use of evidence of a sexual assault complainant’s other sexual activity. These errors seem to flow from a combination of factors including a general misunderstanding on the part of some trial judges as to what section 276 requires and a failure on the part of some trial judges to properly identify, and fully remove, problematic assumptions about sex and gender from their analytical approach to the use …
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig
Articles, Book Chapters, & Popular Press
Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Cross-Border Evidence Gathering In Transnational Crime Cases: Is The Microsoft Ireland Case The ‘Next Frontier'?, Robert Currie
Articles, Book Chapters, & Popular Press
A recent and prominent American appeals court case has revived a controversial international law question: can a state compel an individual on its territory to obtain and produce material which the individual owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …
Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie
Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie
Articles, Book Chapters, & Popular Press
Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case …