Search for "criminal law"

Displaying 1-20 of 22 results
Article

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."

Article

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.

Article

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).

Article

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.

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.

Article

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

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.

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.

Article

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.

Article

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 7 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.

Article

Cannabis Legalization in Canada

Cannabis, also known as marijuana (among countless other names), is a psychoactive intoxicant that was banned in Canada from 1923 until medical cannabis became legal in 2001. The consumption and sale of recreational cannabis was legalized and regulated on 17 October 2018, after Parliament passed Bill C-45, the Cannabis Act. Legalization was supported by a majority of Canadians, despite concerns about the drug’s addictiveness and health effects, especially among young people.

Article

Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.

Article

Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the abortion law as unconstitutional. Since then, abortion has been legal at any stage in a woman's pregnancy, and is publicly funded as a medical procedure under the Canada Health Act. However, access to abortion services differs across the country, and abortion remains one of the most divisive political issues of our time.

Article

Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress.

Article

Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens, the other two being constitutional law and criminal law. Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

Article

Canada and the World Trade Organization

The World Trade Organization (WTO) is the only international organization that regulates global trade. It is based in Geneva, Switzerland. Canada is one of its 164 members. The country plays a central role in the WTO and was also a key member of the General Agreement on Tariffs and Trade that preceded it. In addition to helping craft the WTO’s dispute resolution systems, Canada is among those countries most directly involved in its trade dispute cases.

Article

Indian

Indian is a term that is now considered outdated and offensive, but has been used historically to identify Indigenous peoples in South, Central and North America. In Canada, “Indian” also has legal significance. It is used to refer to legally defined identities set out in the Indian Act, such as Indian Status. For some Indigenous peoples, the term “Indian” confirms their ancestry and protects their historic relationship to the Crown and federal government. For others, the definitions set out in the Indian Act are not affirmations of their identity.

Article

Murray Sinclair

Murray Sinclair or Mizanay (Mizhana) Gheezhik, meaning “The One Who Speaks of Pictures in the Sky” in the Ojibwe language, lawyer, judge and senator (born in 1951 in Selkirk, MB). Called to the Manitoba Bar in 1980, Sinclair focused primarily on civil and criminal litigation, Indigenous law and human rights. In 1988, he became Manitoba’s first, and Canada’s second, Indigenous judge. Sinclair joined the Truth and Reconciliation Commission in 2009, before becoming a senator in 2016. The breadth of public service and community work completed by Sinclair demonstrates his commitment to Indigenous peoples in Canada.