New Sexual Assault Laws Riddled with Charter Violations

“In a Canada where Ghomeshi never happened, it is likely that significant changes to our sexual assault laws would not be in the hopper at the House of Commons. Nothing out of the ordinary or unprecedented happened in Ghomeshi. Basic principles of cross-examination taught in law school were utilized to impeach the complainants. To make full answer and defence, counsel must use all relevant information to protect their client…..

There are several reasons why the rights of an accused person facing charges of sexual assault are contained in our Charter of Rights and Freedoms. Among them are the unique consequences they face: Mandatory minimum jail sentences; classification within the prison subculture as a “skinner”; registering as a sex offender.”

Originally Published at The Lawyer’s Daily on Friday, August 25, 2017

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