Indictment Structure for Historical Allegations: A Missed Opportunity at the Supreme Court of Canada?
A recent case heard by the Supreme Court of Canada, R. v. M.R.H., involved the issue of indictments that spanned multiple alleged historical sexual assault incidents into one individual count. Since the removal of the statute of limitations on sex crimes approximately three decades ago, this has been common practice by police services and Crown prosecutors in the name of "simplification". The insidious practice combines
What is the penile plethysmograph, or PPG testing? In this introduction to my new series, "Sex Offender Treatment and Maintaining Innocence" I explain what penile plethysmograph testing is (a.k.a phallometric testing or PPG testing).
An important new decision that came out of the Alberta Court of Appeals (R v Ryon, 2019 ABCA 36) can not only reduce wrongful convictions, but it can also free some of the wrongly convicted and jailed (if appellate lawyers know about it). This video will illustrate just how difficult it is not only for juries to know what to do, but also judges when it comes to reaching the correct verdict for the innocent accused and factually innocent when using what's known as the WD test. As a non-lawyer I try to break it down for you in the video below.
Any criminal defense lawyer will tell you that a majority of sex crime cases that run through the courts are 'she said/he said' cases. What that means is that there is no proof a crime occurred. Or no corroborating evidence that a crime occurred. Only the word of the accuser and the denial of the accused. In essence these are what a reasonably minded person would consider weak cases that should never make it into a courtroom. In the video below I discuss why and how some prosecutors will take weak cases, prosecutorial ethics and discretion, reasonable prospect of conviction, feminism influence and how it can all lead to wrongful convictions of the innocent accused.
Case Study #1: Judge Ignores Major Inconsistencies
A man was accused of historical sexual abuse against a child while he was a minor and was tried in a youth court as a result. The complainant was an adult at the time of the complaint and her evidence mainly relied on the inference that she had a bed wetting problem as a result of ongoing sexual abuse. It was a judge-only trial. The appeal panel found the trial judge failed to resolve major inconsistencies when accepting the account of the complainant as true. My discussion on this case is in the video below.
It is better that some innocent men remain in jail than that the integrity of the Canadian judicial system be impugned. I adapt this quote from the same quote referring to English law by the English lawyer, Lord Denning. Lord Denning, out of concern for a discourse within the English justice system, adapted this from Benjamin Franklin’s original and proper quote, “That it is better 100 guilty Persons should escape than that one innocent Person should suffer”. As typical with today’s Social Justice Warrior complaints, there were comments or words taken out of context in the case at the heart of the Judge Robin Camp controversy. This controversy revolves around bringing the Canadian justice system into disrepute. However it is the feminist social justice warriors of the ‘scholarly’ kind that are worried about their ideology not convicting enough men.
"Clary Jaxon" takes a critical look at how current social theories and the efforts to instill them compare to the reality of actual social conditions. With a focus on Canadian issues. Check out the STW YouTube channel.