Excessive Force Archives - LCP Criminal Lawyers

Category Archives: Excessive Force

THE ACCUSED’S RIGHT TO A FAIR TRIAL IN SEXUAL ASSAULT CASES

by Alexandra Mamo

It seems impossible to open a newspaper without reading about sexual assault. With the popularity of the #MeToo campaign, the focus of the current cultural conversation is on the unfair treatment of victims in our criminal justice system. In an attempt to address these perceived injustices, the Canadian government has introduced amendments to the Criminal Code in Bill C-51 which seek to provide a broader role for complainants in sexual assault trials. However, these fundamental changes will severely compromise the rights of accused parties to a fair trial.
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THE CASE AGAINST USING RAP LYRICS AS EVIDENCE OF GUILT

by Lance Beechener

In Canada, prosecutors are increasingly relying upon an accused person’s artistic creations, frequently in the form of rap music, to establish guilt.1. This subject has attracted significant academic commentary both in Canada and in the United States, as well as considerable judicial attention in the U.S. The issue received its most recent and meaningful Canadian appellate treatment in the recent decision of the Ontario Court of Appeal in R. v. Skeete, 2017 ONCA 926.

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