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Ghomeshi Trial: Communication Between Witnesses

In Case Comments, Character Evidence, Character Evidence, Criminal Law, Evidence Law, Sexual Assault, Teaching Capsules by Peter Sankoff2 Comments

In this video blog, I take a look at the ongoing Ghomeshi trial and assess the meaning of cross-examination that took place with the third complainant.  One subject of that cross was the fact that she had exchanged at least 5000 messages with another complainant. What is the meaning of this?  How does it affect the Crown’s case?  I explore …

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JR: Myths, Stereotypes and Sexual Assault (20mins)

In Case Comments, Credibility, Criminal Law, Evidence Law, Sexual Assault by Peter SankoffLeave a Comment

In this video blog, I examine the recent decision of R v JR, 2016 ABQB 414, a decision that got considerable media coverage. The judgment of Topolniski J. overturns an acquittal from the Alberta Provincial Court, and in the process, explores key issues in the law of sexual assault, including how a complainant’s credibility should be assessed, what constitutes consent, …

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Ghomeshi, Consent, Sexual Assault and Bodily Harm (15mins)

In Case Comments, Criminal Law, Physical Elements, Sexual Assault by Peter SankoffLeave a Comment

In this video blog, I address the question of how sexual assault can be committed between two “consenting” adults, where bodily harm is intended and caused by one of the parties. In short, the Blog suggests that the relationship between BH and consent is not as clear cut as many media reports have made it out to be. It is …

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