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R vs Boone: The Use of Prior Sexual History Evidence

In Case Comments, Cross Examination, Cross-Examination, Evidence Law, Teaching Capsules by Peter Sankoff

In this Video Blog, I concentrate on the Ontario Court of Appeal’s use of s. 276 of the Code – to exclude certain prior sexual history evidence. I go on to comment about the utility of section 276, especially given the Court’s decision that the evidence lacked probative value. You might think I’d say, “well what’s the point of s. …

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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 Sankoff

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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Offence of “Hit and Run” (10mins)

In Case Comments, Case Comments, Criminal Law, Legislative Reform, Mental Elements, Specific Offences by Peter Sankoff

In this video blog I explore a recent decision of the British Columbia Court of Appeal and its findings on section 252 – the “hit and run” section of the Criminal Code. This blog ultimately implores the federal government to reform the Code, as this section is just one of many suffering from some troublesome drafting.

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The Travis Vader Verdict (30mins)

In Case Comments, Case Comments, Charter of Rights & Freedoms, Criminal Law, Homicide, Mental Elements, Procedural Issues by Peter Sankoff

Thirty Minutes! I promise not to go this long again, but there was a lot to say here, and a fair bit of legal complexity.  After Thomas J.’s stunning decision to convict Travis Vader using an unconstitutional section of the Criminal Code, most people are wondering, “what’s going to happen to the conviction?”  There are a lot of potential legal …

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Anita Kranjc Trial: Mischief for Giving Pigs Water? (20mins)

In Activism, Animal Law, Case Comments, Case Comments, Criminal Law, Cruelty, Defences, Law Reform, Mental Elements, Physical Elements, Procedural Issues, Video Blogs by Peter Sankoff

The Anita Kranjc trial is underway, and it has already raised a host of good legal questions.  I explore them in this video blog.  What is she being charged with? What will the Crown need to prove? Does she have any possible defences?

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Carter, The Assisted Dying Bill and Constitutional Remedies (15mins)

In Case Comments, Case Comments, Charter of Rights & Freedoms, Criminal Law by Peter Sankoff

In this video blog, I explain the impact of the Carter v Canada decision, which struck down the assisted suicide provision of the Criminal Code, but did so in an unusual way. The federal government is trying to enact legislation with an eye on June 6, when the SCC’s decision to “suspend” the declaration of invalidity expires.  What happens if …