Media
For some people, home isn't the safest place
Canada has flipped the burden of proof for bail in cases of repeated intimate partner violence
Self-representation must be considered when addressing state misconduct
Intoxication, A Drunk Science: Expertise in Cases of Sexual Assault regarding Capacity to Consent
by Cassandra Richards
Published by Canadian Journal of Law and Justice
August 1, 2020
This paper analyzes the use of expert and forensic evidence in cases of sexual assault when the complainant alleges incapacity to consent due to intoxication. Based on a review of recent jurisprudence, the following argues that despite its rampant use in sexual assault trials, expert testimony and forensic evidence are frequently unable to provide precise conclusions about a complainant’s level of intoxication and consequently capacity to consent. While trial judges continue to call on counsel to bring forth these types of evidence, they are rarely assigned probative value. Nonetheless, inconclusive expert evidence and testimony is still relied upon to advance theories which undermine the complainant’s narrative and uphold damaging stereotypes about sexually assaulted intoxicated women. While these types of evidence can contribute to the truth-seeking process, this paper calls on the legal community to critically evaluate how these scientific tools are being utilized. What voices and narratives are being amplified by expertise? Furthermore, it asks whether expertise is actually relevant and informative to the central issues alleged in cases of capacity to consent. Are expert testimony and forensic evidence truly allowing the trier of fact to get at the truth?
URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3665415
Learning From Those on the Ice: The Impact of Bill C-75 on Nunavummiut
by Cassandra Richards
Published by Ottawa Law Review
March 24, 2020
On March 29th, 2018, the Liberal Government introduced Bill C-75, which received Royal Assent on June 21st, 2019. The sweeping legislation has implemented various amendments throughout the Criminal Code, including provisions targeted at addressing intimate partner violence (IPV). One such amendment has sparked criticism: the introduction of a reverse onus at bail for an accused charged with a violent offence against an intimate partner if they have a prior conviction for a similar offense.
Through qualitative interviews undertaken with seven Nunavut lawyers, this research considers the impact of Bill C-75, specifically the reverse onus in cases of IPV, on Nunavummiut. The paper argues that the introduction of the reverse onus will not only disproportionately and detrimentally affect Nunavummiut accused, it will simultaneously fail to keep complainants and society safer. In effect, “tough on crime” mentalities will continually perpetuate IPV in Nunavut. This paper urges its readers to think about solutions to IPV for Nunavummiut in a holistic manner, looking outside the criminal justice system. Through Inuit Qaujimajatuqangit, empowering communities is the first step to addressing IPV, improving well-being, and ensuring the protection of human dignity.
URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3560387
Biography
Cassandra Richards holds an honours degree in Conflict Studies and Human Rights from the University of Ottawa and a BCL/JD from McGill University's Faculty of Law. She works and researches in criminal law, youth law, and access to justice. She has worked on the Human Rights and Legal Affairs team at the Canadian Mission to the United Nations in Geneva, Maliiganik Tukisiiniakvik Nunavut's Legal Aid Services and the Quebec Provincial Prosecution Office. She currently works as a criminal defense lawyer in both Ontario and Quebec. Richards is also a course lecturer at McGill University, where she created and taught a course on self-represented litigants. She is a member of iMPACTS, a project addressing sexual violence through an interdisciplinary perspective.