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Burden of Proving Mental Disorder (10mins)

In Burden of Proof, Case Comments, Charter of Rights & Freedoms, Core Principles, Criminal Law, Evidence Law, NCRMD by Peter SankoffLeave a Comment

In this video blog, I examine the British Columbia Supreme Court’s decision in R. v. Eligu, 2016 BCSC 1487, which addresses a constitutional challenge to section 16(4) of the Criminal Code, the clause that requires applicant’s to prove a mental disorder defence. This case revisits the Supreme Court’s 1990 decision of R. v. Chaulk.

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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, …