Category: Evidence Law

R v Barton: Do “Rape Shield” Laws Apply in First Degree Murder Cases?

Author’s Note:  This article and the linked case discuss sexual violence and violence against women that may be upsetting to readers.   Introduction Myths and stereotypes about consent, women’s sexuality and...

Vancouver Airport Authority v Commissioner of Competition: “Public Interest” Privilege Comes Crashing Down to Earth

“Privilege” is a common-law doctrine that prevents the compulsory disclosure of documents or information that is against the public interest. As Justice L’Heureux-Dubé explains: The doctrine of privilege acts as...

Return to Sender: Reasonable Expectations of Privacy in R v Marakah

How private are your private messages? Can the police read the texts you send to others? This post explores R v Marakah, 2017 SCC 59, in which the Supreme Court of...