Last month, the Supreme Court of Canada heard oral arguments in the case R. v. D.L.W. The issue for appeal is not exactly garden variety. The Supreme Court has been asked to determine whether the offence of “bestiality” in the Criminal Code requires penetration. Background The facts are not in dispute and are disturbing to say the least. The accused respondent ...
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A “Progressive” Result from the Rule of Law
Lawyers, scholars and judges who promote judicial restraint and the rule of law are frequently called “conservative.” Justice Grant Huscroft of the Ontario Court of Appeal is often cited as an example of a judge whose judicial philosophy is a thinly veiled guise for his conservative predispositions. But is this really the case? In his recent decision in Michela v. ...
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