Articles and posts.
The Harper Government’s latest plan to “get tough on crime” will be introduced to Parliament next week. What with an election brewing, the Tories have come up with another down home, folksy angle on appearing to be the only federal party prepared to save Canada from “the most heinous offenders”. The new legislation proposes that […]
Recently the Supreme Court of Canada released its long awaited, much debated and surely controversial judgement on physician assisted suicide (Carter v. Attorney General of Canada, 2015 SCC 5 (“Carter”). In the decision, a unanimous Court overruled their 1993 decision in Rodriguez v. British Columbia (Attorney General) ( 3 S.C.R. 519) and ruled that the […]
Clearly it was not Mayor Bill de Blasio that pulled the trigger that killed two of New York City policemen, but many of New York’s Finest and their supporters are reacting as though the mayor has blood on his hands. When officers Wenjian Liu and Rafael Ramos were gunned down in cold blood on a […]
Recently, the Supreme Court of Canada in R. v. Fearon solidified the law in Canada regarding police searching suspect’s cell phones, without a warrant, when they are arrested. In this article we will not be reviewing the law as set out in the majority judgment. It is indexed as 2014 SCC 77. The bulk of […]
December 6 is the day that Bill C-36, Protection of Communities and Exploited Persons Act comes into force. On that day, new Criminal Code sections aimed at combating prostitution in Canada come into effect. The new laws were passed in Parliament earlier this year. They were passed in response to the Supreme Court of Canada’s decision […]
On December 2, 2014, a judge in an Alberta courtroom allowed a specially trained type of therapy dog, known as a trauma dog, to assist a young girl while she gave evidence at a sexual assault trial. This was a first in Canada. Later that week it is expected that her brother will take the […]
After a month of speculation, former CBC host Jian Ghomeshi appeared in a Toronto courtroom today, charged with four counts of Sexual Assault and one count of Overcoming Resistance by Choking. These charges are extremely serious, carrying a potential life sentence. His lawyer, Marie Henein, indicated that Mr. Ghomeshi will be pleading not guilty. He […]
This whole Jian Ghomeshi debacle has been a cultural and media firestorm. There are countless articles, commentaries, conversations and opinions swirling throughout Canada. There has certainly been a positive outcome, that being, that the issue of unreported violence against women is at the forefront of public discourse, and we are seeing that it is a […]
From time to time we act as duty counsel, representing newly arresested people in the Vancouver Jail. Read Michael’s account of a typical weekend as duty counsel in this Georgia Straight article.
Restorative Justice (“RJ”), or what is also sometimes referred to as Transformative Justice, is a contrast to the traditional adversarial justice system. In the adversarial justice system an accused person is represented by a criminal defence lawyer, the public (or the state or the Crown) is represented by a government prosecutor known as Crown Counsel, […]
In the news today, another example of what appears to be police brutality in British Columbia. A Terrace, BC RCMP officer punches an alleged young offender (under 18 years old) in the face while the young offender is on the ground, face down, in handcuffs and is being straddled by the officer. Whether the prevalence […]
Sadly, a 71 year old pedestrian has died after being struck by a cyclist in Stanley Park on October 3 near the totem poles at Brockton Point. Apparently the man was crossing the roadway when a 57 year old rider collided with him. Reportedly, the cyclist remained at the scene and cooperated fully with police. The […]