Policing Thoughtcrime: The Role of Law Societies?

I’ve been thinking a lot recently about the role Law Societies play in regulating the opinions expressed by lawyers. Lawyers are required to be “respectful” of tribunals and courts, yet they’re also required to be critical of injustice when they see it. How does one reconcile these sometimes-conflicting duties, and who decides what behaviour is …

“What Worries Me (Most) About Sexual Assault Prosecutions”

I recently watched OsgoodePD’s 2021 Symposium on Sexual Assault available here – not inexpensive, but quite worthwhile. I enjoyed most of it. My favourite part was by far the “debate” between Professor Melanie Randall (“Randall”) and Alan Gold. Randall is a law professor out of Western, and Gold is a legendary criminal defence lawyer (and …

The Presumption of Guilt in Sexual Offence Trials in Canada

We will have to repent in this generation not merely for the hateful words and actions of the bad people but for the appalling silence of the good people. ― Martin Luther King Jr., Letter from a Birmingham Jail [King, Jr.] I’ve been watching excellent seminars from Professor Sankoff recently. As always, incredible quality and …

Articles on rape myths, etc.

Given the recent awareness of wrongful convictions (triggered by the recent discovery of who the likely perpetrator was in the wrongful conviction case of Guy Morin), I thought I’d have a look at articles about sexual assault. I’ve recently been able to access criminal law articles through WestLaw. I’m excited to read many articles I’ve …

Prior consistent statements, bad character, s. 276, rape myths and conviction rates

I thought I’d address some common problems in litigation of sexual offence charges. The most common problems, I’d suggest, are prior consistent statements, bad character evidence, and a presumption of truthfulness (explicitly stated or otherwise) being ascribed to the complainant. I’ll discuss these – along with concerns about s. 276 and conviction rates – below. …

Book Review: Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession

I read Professor Elaine Craig’s 2018 book: Putting Trials on Trial: Sexual Assault and the Failure of the Legal Profession a year or so ago, and felt quite unsettled. I wanted to address it in a blog post, but then convinced myself that no one would take the book seriously. I then saw that the …