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…

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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…

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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…

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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.…

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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.…

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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…

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