NAWL submitted a brief on Bill C-5—An Act to amend the Judges Act and the Criminal Code—to the House of Commons Standing Committee on Justice and Human Rights. 36 feminist and equality-seeking organizations endorsed the brief, including: Accessibility for All Action Ontarienne contre la violence faite aux femmes Amnesty International Canada AMS Sexual Assault Support…
Tag: Sexual Assault
Confidential Records and Sexual Assault Complainants post-Mills: Still Vulnerable?
Summary of a Presentation from NAWL’s 14th Biennial Conference During the 1990s, the scope of access to complainant’s confidential records was radically widened in a series of decisions of the Supreme Court of Canada that relied upon an almost inviolable interpretation of the right to a fair trial (R. v. Osolin, [1993] 4 S.C.R. 595;…
Rape Shield Provisions Upheld
Cet article est disponible uniquement en anglais. The Supreme Court of Canada upheld the rape shield provisions of the Criminal Code (s. 276, 276.1and 276.2) in R. v. Darrach, 2000 SCC 46, released October 12. Except in one respect, the decision does not extend protections to women; its importance lies in the fact that it…
Update on the Pamela Jean George Case
Cet article est disponible uniquement en anglais. In the early morning hours of April 17, 1995, on the outskirts of Regina, Saskatchewan, Pamela Jean George was beaten to death by two young white men. One of the two men convicted of killing her recently received full parole on November 10, 2000. Once more, this case…
The Defence of Provocation: Stop Excusing Violence Against Women
Historically the criminal law system has justified and condoned male violence against women. It allowed a man to use “reasonable” force to ensure the respect and obedience of his spouse; it immunized husbands from prosecution for rape of their wives; it did not sanction the rape of “bad girls;” and it ignored most forms of…
Final Report on Court-Related Harassment and Family Law “Justice”: A Review of the Literature & Analysis of Case Law
Prepared by Sandra A. Goundry in association with the Vancouver Association of Women and the Law, this reports provides a useful overview of court-related harassment in the family justice system. The report examines the sources of court-related harassment, provides an analysis of relevant case law and offers recommendations for policy and legislative reform.…
Submissions to the Standing Committee on Bill C-46, An Act to Amend the Criminal Code in Respect of Production of Records in Sexual Offence Proceedings
NAWL congratulates the government for attempting to curb the damaging effects of recent Supreme Court decisions (Behariell and O’Connor). NAWL makes some practical suggestions for improvement. NAWL consulted very thoroughly with front line groups to develop its position.…
Discriminatory Uses of Personal Records in Sexual Violence Cases: Notes for Sexual Assault Counsellors on the Supreme Court of Canada’s Decisions in R v O’Connor and LLA v AB
The paper is designed to be of use to women in sexual assault centres who are likely to be faced with subpoenas to produce personal records. It also gives a useful summary of the two Supreme Court cases that represent current law on the issue.…
A Brief on Bill C-72: An Act to Amend the Criminal Code
This brief addresses the government’s legislative response to the Daviault decision that created a defence of extreme intoxication for offences such as sexual assault and manslaughter. It outlines the history of the law before the Daviault decision and section by section, analyses Bill C-72 and its constitutionality.…
Brief to the Ontario Commission on Systemic Racism in the Criminal Justice System
NAWL’s presentation with the National Organization of Immigrant and Visible Minority Women of Canada and the Elizabeth Fry Society focused on the programming needs of incarcerated women, the impact of the “wife assault as a crime” strategy, and the need for diversity on the bench.…
Four Year Review of the Act to Amend the Criminal Code and the Canada Evidence Act (Sexual Offences)
NAWL’s brief pertains to laws governing sexual offences against children, and proposed rules on children giving evidence in court.…
A Brief on Bill C-49, An Act to Amend the Criminal Code (Sexual Assault)
NAWL’s response to the proposed “rapeshield” law. Submitted to the Legislative Committee on Bill C-49.…
Gender Equality in the Courts: Criminal Law
This report canvasses the issue of gender unfairness in the Canadian legal system. Using case law analysis of selected Manitoban and some national decisions in the area of criminal law, the study adopts a victim’s perspective.…
A Brief on Bill C-15, An Act to Amend the Criminal Code and the Canada Evidence Act Regarding Sexual Offences Against Young People
Applauds government’s initiatives regarding child sexual abuse, but shows concern about procedure and evidence provisions. Outlines changes to improve child victims’ access to the courts and proposes changes to new offences of sexual interference, sexual exploitation, and invitation to sexual touching including an additional offence to deal with the problem of repeated sexual offences on…
A Perspective on the Female Offender
A New Image for Sexual Offences in the Criminal Code: A Brief in Response to Bill C-53
A discussion of the changes to assault offences in Bill C-53, protection of children, evidentiary and procedural reforms, and prostitution.…
