Some Clarity on Starting Point Sentences: The SCC in R. v. Friesen, 2020 SCC 9 (CanLII)

This will be a fairly long post (approximately 8 pages). I’ll begin with the background to the Supreme Court of Canada’s latest pronouncement on starting point sentences in Friesen, using Alberta cases such as Hajar, Arcand, Gashikanyi, Godfrey and Parranto, as well as the SCC case of Lacasse. I’ll then discuss the effects of the …

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 …

Mandated judicial education for judges on sexual assault law

I saw this terrible article this morning and had no choice but to do a blog post. Angela Chaisson, a criminal lawyer, is quoted: “We’re having a lot more realization, and a lot of really good case law, coming out about bringing a racial lens to criminal law in particular, but we’re not having the …

The Supreme Court of Canada’s surprising decision in R. v. R.V., 2019 SCC 41

The Supreme Court of Canada has come out with an interesting “trilogy” of cases on sexual assault in the past few months: R. v. Barton, 2019 SCC 33 (CanLII), R. v. Goldfinch, 2019 SCC 38 (CanLII), and now R. v. R.V., 2019 SCC 41 (CanLII). I have the most concerns over the most recent one – …