Blog Archive category: Canadian Justice System

The Admissibility of Rap Lyrics in Criminal Proceedings

by: Sabrina Shillingford, Articling Student Increasingly, the Crown is relying on rap videos as evidence of guilt in criminal proceedings. Derstine Penman has been privy to this in cases including allegations of drug trafficking, involvement in a criminal organization, and murder. The reliance on rap as evidence of criminality has the greatest impact […]

Getting drunk is NOT a defence to sexual assault: Misleading Headlines in the Media

by: Laura Remigio, Associate “Ontario Court of Appeal rules intoxication can be used as a defence in sexual assault and violent crimes cases”. This was the headline on CP24 and other news outlets in relation to the Ontario Court of Appeal decision in R. v. Sullivan, 2020 ONCA 333. (The full decision can be read […]

The Broad Power to Search: A Racial Profiling Veil

by: Renée E.M. Gregor, Associate As Professor Tanovich states in his oft-cited text, “The colour of justice in Canada is white”.[1] In Ontario specifically, our courts and jails are plagued by a vast over-representation of black males in the South and Indigenous males in the North. The GTA is no stranger to the targeting of […]

The Constitutionality of the Recent Legal Aid Cuts in Ontario

By: Adam Newman, Associate “Under the Ontario legal aid certificate system, it is because defence lawyers are willing to accept legal aid certificates and provide competent and effective counsel to accused facing criminal charges that the state is able to fulfill its constitutional obligation.” (R v Peterman, 2004 CarswellOnt 1694 ONCA at Para 20) […]

Is “Sexting” Illegal?

by: Keiisha Pillai, Associate Using your phone to send a sexual picture may seem like no big deal. But you may want to think twice before you hit “send”. “Sexting” is defined as the exchange of sexual messages, photos, or videos by electronic devices. This is usually done through text and social media […]

Not in our Backyard!

by: Adam Newman, Associate “Over 250 years ago, William Pitt (the elder), speaking in the House of Commons, described how “[t]he poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail — its roof may shake — the wind may blow through it — the storm […]

The Compellability of an Accused Person at Trial: What Does the Right to Silence Really Mean?

by: Laura Remigio, Associate Everyone in Canada has certain rights that are protected by the Canadian Charter of Rights and Freedoms. Many sections of the Charter also have specific rights that are designed to protect people who have been charged with a criminal offence. Some of these rights are well known in society, such as […]

The Role of Victim Impact Statements in Sentencing

by: Adam Newman, Associate Victim Impact Statements (“VIS”) play a highly influential role in sentencing. Not only do they factor in to what sentence someone found guilty is given, Parliament went out of its way to expressly provide victims of crime with a statutorily protected opportunity to express the impact the crime had on them. […]

Bill C-51 in Practice: Severe Implications for the Rights of the Accused

by: Allison Lee, articling student In our last post, New Law For Sexual Assault Forces Defence to Disclose Texts, we discussed the new regime governing the type of evidence that can be used by the defence, and ultimately how it may be used, following the introduction of new sexual assault provisions into the Criminal Code […]

New Law for Sexual Assault Forces Defence to Disclose Texts

by: David Gildiner, Associate There is a new law of the land for sexual assault cases. The most significant changes introduced by bill c-51, which came into force on December 13, 2018, relate to what evidence can be used by the defence in a sex assault trial. The Defence has to Disclose Texts […]

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