R V Sharpe Case Summary

All trial procedures in Canada are based on the adversarial system, this involves both the Crown and the defence. In our case R.v. Tisi since we were the Crown it was our job to prove beyond a reasonable doubt (doubt based on reason and common sense) that the accused committed the offence. For someone to be convicted, actus reus (wrongful deed) and mens rea (guilty mind) to be present for the offence to be proven. In R.v.Tisi, Donovan Tisi was charged with robbery and assault causing bodily harm resulting in a summary conviction. In the Criminal Code, assault causing bodily harm is under section 267(a) is defined as “Everyone who in, committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, or” Tisi was

Canadian Criminals are a major part of Canadian society. In our country if you were not the direct victim of a crime you tend to forget the members of society that take pleasure in causing societies grief. As in the case of James Hutchinson and Richard Ambrose, whose crimes were committed in December of 1974.1 They were convicted of killing two Moncton City Police officers. Today, years after the murders were committed Ambrose and Hutchinson are still the center of a major controversy that has plagued our parole system. In order to fully understand the controversy that Ambrose and Hutchinson posses you must look at the

The criminal justice system plays a fundamental role in achieving justice, as the system aims to protect all members of the community fairly and equally. However, in the criminal case of R v Loveridge, it is evident that the justice system fails to apply the law to equally balance the needs of the victims and the community. In this case, the offender Kieran Loveridge pleaded guilty to five counts of offences; three charges of common assault, one charge of assault occasioning actual bodily harm and one charge of manslaughter by an unlawful and dangerous act, the victim being Thomas Kelly, Loveridge received 4 years’ non-parole for manslaughter, Loveridge’s total effective sentence therefore is 7 years and 2 months with an effective

victim to a grand jury in 1983 represents the evils that pornography represents in the

Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how

The final example of the Canadian legal system being too lenient comes from the Kiddypics and Kiddyvids club. This club specialized in the viewing of sexually-exploitative material - including live streaming video of men abusing their own infant children. A Canadian member of the group was charged with sexual assault during an investigation by authorities. The judge in the case decried his actions as a "gross case" and "sickening" - and sentenced the abuser to four years. The maximum penalty under Canadian law for sexual offences against children is 10 years, except for incest,

Ewanchuk’s case is one that was very lengthy and had to be examined very thoroughly. This case begins when Ewanchuk invites a 17-year-old Edmonton woman into his van for a job interview and she accepted the offer. The interview was said to be conducted in a proper and professional business-like manner (R. v. Ewanchuk, SCC, 199, pp. 1). After the interview, there were several incidences in which Ewanchuk began touching the woman. The woman would repeat “no” each time and with each response, Ewanchuk would refrain for a short period of time and then continue more intimately (R. v. Ewanchuk, SCC, 199, pp. 1). The accused, Ewanchuk, did not testify at trial against the sexual assault of the complainant, the 17-year-old woman. The judge found the accused not guilty due to the woman’s “implied consent”. Although the complainant repeatedly said no several times, her actions are what led Ewanchuk to be found not guilty of sexual assault. The Alberta Court of Appeal also ruled in the favor of Ewanchuk due to a majority and Justice McClung concluded that the Crown had failed to prove that Ewanchuk was dedicated to committing a

Canada has become a country where laws such as: assisted suicide, prostitution, and abortion are becoming easily altered by higher powers; the power of the judges. Canadian judges are changing certain laws that affect the quality of living. The question comes down to who is truly in charge of law making in Canada? The government may make the laws, but judges may reject and change the entirety laws through the use of the entrenchment of the Charter. Additionally, judicial supremacy retains their power through a paradoxical parliamentary supremacy. Furthermore appointing government officials and electing government officials plays a tremendous part in correlations to Canadian democracy. To summarize, judiciary are too powerful through the entrenchment

Good sex is considered to be legal and healthy, whereas bad sex is criminalized and dangerous. In contrast to MacKinnon’s view on pornography, Rubin argues that pornography is a means of sexual exploration and can be liberating. Sexual activities are a means through which sexuality can be explored. Rubin argues that anti-pornography movements exaggerate the dangers of pornography as destructive and negative. Anti-pornography movements depict pornography as harmful and degrading to women, but this in itself is harmful for it does not account for consensual and desired sexual activities. Through classifying sexual activities, such as BDSM and sex work, as good and bad, the state effectively limits sexual exploration to certain acceptable societal norms. This is further illustrated through R v. Price, in which the judge ruled that there was no evidence that BDSM videos cause harm (Lecture Slides: February 9). Conforming to cultural norms subsequently ensures that the patriarchal system of sexual value, in which MacKinnon argued is male dominated, is adhered to. Even though pornography can perpetuate sexual objectification, the oppression of sexual desire by the state limits any form of positive sexual exploration. The state and law should not penalize possibilities for positive sexual experiences because of social stigmas. The disapproval of society and the state of particular sexual

In this paper, we will examine the multi policing agency taskforce, Operation snapshot. The focus of the task force is to protect children, specifically resulting from exploitation, and child pornography. The operations have been used on three different occasions; with police agencies from all over Canada participating. We will specifically examine the police units that were involved in the operation, and the roles that they were responsible for, and how they worked together as a cohesive team. We will also be looking at the issues relating to these cases, such as issues relating to the investigation, and more importantly the issues these professionals deal with when working on cases such as these. We will take an in-depth

When the police suspected that Dollree Mapp had a connection to the recent bombing, they visited her home in Cleveland. After refusing to let the police in, they forced there way into her house with out providing a search warrant. While holding Mapp in handcuffs, the police searched her house and found a trunk containing pornographic books, picture, and posters, which violated the Ohio law, “prohibiting lewd, lascivious or obscene material”. At first, when Mapp presented this case

She comments that the Canadian Charter of Rights and Freedoms provides not only formative but substantial protection from inequalities. Unlike the U.S., Mackinnon comments that the Canadian system seeks to alter the poor treatment of disadvantaged groups and amend their status.[6] The Court utilized this approach in the case of R v. Butler where it recognized that the “humiliation, degradation, and subordination of women – was harm to society as a whole” as it led to an inequality.[7] In other words, the court recognized the social and communal harm imposed by pornography, that is to say it recognized the “context” under which the pornography occurred. Recognizing not only the harm from pornography but more importantly the inequality that it perpetuates, the Canadian courts ruled in an opposite manner to their U.S counterparts.

“Manslaughter - Recklessness or gross negligence - Assumption of duty of care for infirm person - Breach of duty amounting to recklessness - Negligence - Assumption of duty to care.”

In an era where internet and social media dominate, there must be a consideration of legal issues concerning privacy rights. But where is the line drawn when it may be associated with the sexual exploitation of youth? R. v. Barabash, 2015 SCC 29 [Barabash] is a circumstantial case that centres on concerns of privacy rights involving private use, child pornography, as well as regarding the establishments of exploitation and consent. Barabash involved two fourteen year old girls who were runaways, dependant on drugs and involved in prostitution. According to Statistics Canada (2008) at the time of this case, youth aged 12 to 14 were twice as likely to experience sexual violence then that of young adults, this statistic was even higher if the victim is female (Sexual Assault, para. 4). While they were staying with two significantly older men they were involved in sexual activity that was videotaped and photographed. Under s.163.1(2) of the Criminal Code the men were charged for making child pornography as well as the older man was charged with possession of child pornography under s. 163.1(4). While the trial judge found all elements of the offences were established, the accused raised in defence the private use exception outlined in R. v. Sharpe, 2001 SCC 2 [Sharpe], which the judge failed to disprove beyond a reasonable doubt. Through theoretical and legal frameworks this paper will analyze the defence of private use through objective analysis with reference to

In recent years, pornography has established itself as perhaps the most controversial topic arising out of the use of the Internet. The easy availability of this type of sexually explicit material has caused a panic among government officials, family groups, religious groups and law enforcement bodies and this panic has been perpetuated in the media.