Canadian law students and young lawyers are reporting for JURIST on national and international developments in and affecting Canada. Mélanie Cantin is a JURIST Staff Correspondent in Ottawa, and a 1L at the University of Ottawa. Canada’s LGBTQ+ population numbers upwards of one million people, and the country ranks as the safest in the world [...]
Search Results for: Canada Supreme Court
Canadian Politicians Chime in on Roe’s Reversal, but Abortion Access Remains a Problem
The landmark decision Roe v. Wade has officially been overturned by the Supreme Court of the United States. The 6-3 decision in Dobbs v. Jackson Women’s Health Organization was released on Friday, June 24, and comes approximately a month and a half after a draft opinion of the decision was leaked online. With such a [...]
Recently, Spain’s Parliament passed a new bill that seeks to make consent the determining factor in sexual assault cases, thus freeing victims from the burden of proving that they were intimidated, subjected to violence or that they physically resisted to show that they suffered a sexual assault. As per the Guarantee of Sexual Freedom law, [...]
Former Canadian Supreme Court Justice Louise Arbour Monday released a long-awaited report recommending that all sexual offenses committed by Canadian military personnel should be prosecuted in civilian courts instead of military tribunals. The report also calls on the Canadian Armed Forces (CAF) to conduct demographic reviews for alleviating the over-representation of white males in leadership positions, [...]
Canada Supreme Court rules life without chance of parole is unconstitutional
The Supreme Court of Canada Friday unanimously ruled that a life sentence without any chance of parole is unconstitutional under Section 12 of the nation’s charter. In Canada, anyone serving a life sentence for first-degree murder is automatically ineligible for parole for 25 years. Criminal Code Section 745.51, passed in 2011, allowed justices to give consecutive [...]
Mélanie Cantin is a JURIST Staff Correspondent in Ottawa, and a rising 2L at the University of Ottawa. On Friday May 13th, the Supreme Court of Canada rendered its judgment in the case of R v Brown, rejecting the constitutionality of section 33.1 of the Criminal Code, a provision removing “extreme self-induced intoxication akin to [...]
Canada Supreme Court rules extreme intoxication a criminal defense
The Supreme Court of Canada Friday ruled that extreme intoxication is a valid defense to criminal charges like murder and rape, overturning section 33.1 of the Criminal Code. The court upheld a lower courts’ ruling in R. v. Sullivan, which also found the extreme intoxication law unconstitutional, and overturned lower courts’ rulings in R. v. Chen [...]
Canada dispatch: 'what will happen in the US if Roe is overturned is not impossible here'
Mélanie Cantin is a JURIST Staff Correspondent in Ottawa, and a 1L at the University of Ottawa. A bill to codify abortion rights was defeated Wednesday in the United States Senate. This rushed, desperate attempt came in the aftermath of a draft US Supreme Court decision leaked earlier this month that would overturn the seminal [...]
The UK government Wednesday announced that two of its Supreme Court judges will no longer sit on Hong Kong’s top court, citing a China-imposed national security law that cracks down on dissent. In June 2020, China introduced a national security law after months of pro-democracy protests in Hong Kong. The law has drawn widespread criticism [...]
Explainer: Why America Must Knock the Habit of No-Knock Warrants
The no-knock warrant — a search warrant that authorizes police officers to enter certain premises without knocking and announcing their presence or purpose before entering — is a source of contention in America today. Its element of surprise and extirpative effects makes it a powerful yet contemptible militarized tactic. In this respect, reference is made [...]