Search for "criminal law"

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Organized Crime in Canada

Organized Crime is defined in the Criminal Code of Canada as a group of three or more people whose purpose is the commission of one or more serious offences that would "likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group." But perhaps a more succinct definition was given by a former United States mob boss who described it as "just a bunch of people getting together to take all the money they can from all the suckers they can."

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Elizabeth Fry Society

The Elizabeth Fry Society is a not-for-profit social service agency that provides support for women and girls involved in the Canadian justice system. The Society provides a range of services to women who are criminalized and to women who are at risk of being criminalized. It works to reduce the impact of criminalization, to provide equal opportunities for women in the justice system and to empower marginalized women.

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The 1969 Amendment and the (De)criminalization of Homosexuality

From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.

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New Impaired Driving Laws Come into Effect

Following the revision of drug-impaired driving laws earlier in the year, the Criminal Code was updated with comparable alcohol-impaired driving laws. The new laws, which are similar to ones in Germany, France, Ireland and Denmark, allow police to administer breathalyzer tests at their discretion, rather than requiring reasonable suspicion of impairment. They also increase the penalties for alcohol-impaired driving offences, including mandatory minimum fines and prison sentences. 

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Federal Government Cracks Down on Conversion Therapy

The federal government called on all provinces and territories to ban what it called the “shameful” and “cruel” practice of conversion therapy. The practice aims to convert people from homosexuality to heterosexuality through a combination of religious and psychological counselling. A statement issued by the government also noted that the therapy “has no scientific basis” and “can lead to life-long trauma… [W]e are actively examining potential Criminal Code reforms to better prevent, punish, and deter this discredited and dangerous practice.” 

Article

Jody Wilson-Raybould

Jody Wilson-Raybould (“Puglaas” or “woman born of noble people” or “woman with integrity” in Kwak’wala), politician, lawyer (born 23 March 1971 in Vancouver, BC). Jody Wilson-Raybould is the independent MP for Vancouver Granville. She was federal minister of justice, attorney general and minister of veterans affairs in the government of Liberal Prime Minister Justin Trudeau. Prior to her career in federal politics, she was a BC crown prosecutor, regional chief of the Assembly of First Nations, and member of the BC Treaty Commission. As Canada’s first Indigenous justice minister, Wilson-Raybould introduced groundbreaking legislation, including Bill C-14 on medically assisted dying, C-16 on gender identity and human rights, and C-45, The Cannabis Act. She has helped to build bridges between First Nations communities and the Canadian government and is committed to helping Indigenous peoples seek self-government and gain equality in education, health care and legal rights.

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Suicide in Canada

Suicide is the act of taking one’s own life voluntarily and intentionally. Suicide was decriminalized in Canada in 1972, while physician-assisted suicide was decriminalized in 2015.

This article contains sensitive material that may not be suitable for all audiences.

Article

Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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Maggie Vail Murder Case

In September 1869, berry pickers in Saint John, New Brunswick, discovered the remains of an adult and a child hidden in some bushes. The bodies were soon identified as belonging to Sarah Margaret “Maggie” Vail and her infant daughter, Ella May. Later that month, architect John A. Munroe was charged with the murder of Vail, with whom he had an affair. Although his lawyer argued that Munroe was incapable of murder given his education and social standing — an early example of the “character” defence — he was convicted in December 1869. Munroe eventually confessed to the murders and was executed in February 1870.

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Daniels Case

On 14 April 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 — a section that concerns the federal government’s exclusive legislative powers. Recognition as Indians under this section of law is not the same as Indian Status, which is defined by the Indian Act. Therefore, the Daniels decision does not grant Indian Status to Métis or Non-Status peoples. However, the ruling could result in new discussions, negotiations and possible litigation with the federal government over land claims and access to education, health programs and other government services.

timeline event

BC Introduces Aggressive Vaping Regulations

British Columbia introduced Canada’s toughest regulations on vaping products. Under the new rules, the sale of flavoured vaping products will be limited to age-restrictive stores, some flavours will be banned, plain packaging and limits on advertising will be required, and the sales tax on such products will increase from seven per cent to 20 per cent as of 1 January 2020. A study published in the British Medical Journal in June 2019 found that vaping increased 74 per cent among youth in Canada between 2017 and 2018.

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Gerald Stanley and Colten Boushie Case

On 9 February 2018, Gerald Stanley, a white farmer from rural Saskatchewan, was acquitted of murder and manslaughter in the killing of a 22-year-old Cree man, Colten Boushie. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish the peremptory challenges that allowed Stanley to keep five Indigenous people off the all-white jury that acquitted him.

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Bill C-31

In 1985, Parliament responded to the appeals of Indigenous peoples by changing discriminatory sections of the Indian Act. Known as Bill C-31, this amendment reinstated Indian Status to women who had lost it through marriage to men without status. Among other changes, the bill also enabled all first-generation children of these marriages and individuals who had been enfranchised to regain their legal status. More than 114,000 people gained or regained their Indian status as a result of Bill C-31. (See also Women and the Indian Act.)

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Albert Johnson, “The Mad Trapper of Rat River”

Albert Johnson, also known as the “Mad Trapper,” outlaw (born circa 1890–1900, place of birth unknown; died 17 February 1932 in Yukon). On 31 December 1931, an RCMP constable investigating a complaint about traplines was shot and seriously wounded by a trapper living west of Fort McPherson, NT. The ensuing manhunt — one of the largest in Canadian history — lasted 48 days and covered 240 km in temperatures averaging -40°C. Before it was over, a second policeman was badly wounded and another killed. The killer, tentatively but never positively identified as Albert Johnson, was so skilled at survival that the police had to employ bush pilot Wilfrid “Wop” May to track him. The Trapper’s extraordinary flight from the police across sub-Arctic terrain in the dead of winter captured the attention of the nation and earned him the title “The Mad Trapper of Rat River.” No motive for Johnson’s crimes has ever been established, and his identity remains a mystery.

This article contains sensitive material that may not be suitable for all audiences.