Statistics Canada Article on Outcomes of Sexual Assault Cases

The Statistics Canada publication Juristat has published an article on Criminal justice outcomes of sexual assault in Canada, 2015 to 2019.

It examines the progression of sexual assault incidents through the criminal justice system, from police to courts. It focuses on the characteristics of incidents, victims and accused persons associated with different outcomes at various stages of the process.

Among the highlights:

• Few instances of sexual assault are reported to police, and only a fraction of police-reported sexual assaults result in charges and convictions.
• Between 2015 and 2019, 36% of sexual assaults that were reported to police resulted in charges, of which 61% proceeded to court. Once in court, 48% of cases linked to these incidents resulted in an accused person being found guilty, and 50% of these resulted in a sentence of custody.
• Relative to physical assault, sexual assault was less likely to be reported to police, less likely to result in charges being laid, and less likely to proceed to court once charges were laid. Once in court, the proportion of cases that resulted in a decision of guilt was the same, and those found guilty of sexual assault were more likely to receive a sentence of custody.
• The length of time between an incident occurring and when it was reported to police had a notable impact on attrition at multiple stages of the justice process. The rate at which incidents proceeded to court was lower when there was a delay compared with those that were reported the same day or the day after they occurred.
• Women and girls accounted for the large majority (89%) of victims of police-reported sexual assault between 2015 and 2019. A higher proportion of sexual assaults against women and girls resulted in charges being laid or recommended (38%, versus 29% when the victim was a man or boy). The difference between women and men narrowed at subsequent points of the criminal justice system.
• Over half (54%) of intimate partner sexual assaults resulted in charges being laid or recommended, higher than any other type of accused-victim relationship. The rate of cases continuing to court and the conviction rate of intimate partner sexual assault were consistent with sexual assault more broadly. 
• Sexual assaults committed by a stranger had lower charge rates (28%) but were more likely to continue to court (69%) and result in a guilty decision (56%) relative to sexual assaults where the accused was someone known to the victim.

Law Commission of Ontario Document on Human Rights AI Impact Assessment

The Law Commission of Ontario (LCO) and the Ontario Human Rights Commission have published an AI human rights impact assessment based specifically on Canadian human rights law. 

"The Law Commission of Ontario and Ontario Human Rights Commission have joined together to create an AI impact assessment tool to provide organizations a method to assess AI systems for compliance with human rights obligations. The purpose of this human rights AI impact assessment (“HRIA” or “the tool”) is to assist developers and administrators of AI systems to identify, assess, minimize or avoid discrimination and uphold human rights obligations throughout the lifecycle of an AI system..."

"Bias and discrimination in AI are real and complex. Bias and discrimination can be easy to overlook or ignore. Left unchecked, AI can cause deep and longstanding harm to individuals, communities and organizations. Bias and discrimination can also present economic, legal and public relations consequences for organizations. Assessing for bias and discrimination is not a simple task. As such, it should not be an afterthought or minor consideration but be integrated into every stage of design, development and implementation of AI..."

"This tool is expected to help designers, developers, operators and owners of AI systems to identify and reduce bias and discrimination. The tool is a guide that, when applied carefully and thoughtfully, should help organizations build better AI and help in understanding human rights obligations."

Statistics Canada Article on Human Trafficking

The Statistics Canada publication The Daily recently published an article on Trafficking in persons in Canada, 2023:

"In 2023, 570 human trafficking incidents were reported to police, a slight decrease from the 597 reported in 2022. There was also a decrease in the rate of human trafficking (1.4 incidents per 100,000 population in 2023 compared with 1.5 in 2022)."

"Human trafficking, also referred to as trafficking in persons, is a serious human rights violation that can occur domestically and transnationally with the crossing of international borders. It is a gendered crime, with most detected victims being women and girls and the majority of accused persons being men and boys. Human trafficking offences involve the recruitment, transportation or harbouring of a person, and they include controlling and influencing movements with the goal of exploiting, or facilitating the exploitation of, a person. Human trafficking can take on many forms, most often sexual exploitation or forced labour."

"Official statistics, while important, provide only a partial picture of human trafficking in Canada due to its hidden and underreported nature. Identifying incidents of human trafficking depends in part on police resources and expertise, as well as victims' ability to recognize and report their experiences with trafficking."

Among the highlights:

• Rates of human trafficking in Nova Scotia and Ontario are higher than national average
• A large majority of police-reported human trafficking incidents were reported in urban centres
• A vast majority of police-reported victims of human trafficking are women and girls and one quarter of victims are minors
• Men make up majority of accused adults, while an equal proportion of girls and boys are among youth accused
• Over half of human trafficking incidents are unsolved

 

November/December 2024 Issue of AALL Spectrum

The November/December 2024 issue of AALL Spectrum is now available online.

The issue has a number of feature articles on library space renovations.

It is a publication of the American Association of Law Libraries, one of the sister associations of the Canadian Association of Law Libraries.

Canadian Judicial Council on Judges' Use of Social Media

Earlier this month, the Canadian Judicial Council issued Guidelines on the Use of Social Media by Federally Appointed Judges.

From the press release:

"The purpose of the Guidelines is to provide additional guidance about the safe and appropriate use of social media by judges. The Guidelines acknowledge that while there are risks associated with the use of social media by judges, there are also potential benefits such as opportunities to: connect with the broader judicial community; facilitate public education about the judicial role and the legal system; maintain personal connections with friends and family, which is an important component of judicial wellness; and educate judges on a technology that may arise in cases before them. The Guidelines also recognize that improper use of social media can undermine public confidence in the judiciary as well as the principles that define the judicial role, namely: independence, integrity, respect, diligence, competence, equality, and impartiality."

The CJC's  role is to ensure the proper conduct of federally appointed judges and to improve the quality of judicial services, court management and technology. It is chaired by the Chief Justice of the Supreme Court of Canada.

Newest Episode of Arrêt sur le Droit Podcast about Governmental Autonomy for Indigenous People

Arrêt sur le droit is a French-language podcast whose goal is to help people better understand decisions by the Supreme Court of Canada. 

 It is co-produced by the Bar Association of Montreal and CAIJ (the free legal information portal of the Quebec Bar Association) in collaboration with the Supreme Court of Canada.

The most recent episode deals with the rights of Indigenous people to self-government.

Arrêt sur le droit is hosted by Michel Désautels who for years was one of the top current affairs hosts of the public broadcaster Société Radio-Canada. 

His guests for this episode are lawyer Caroline Daniel and professor Ghislain Otis.

Delays in the Justice System and the Rise of Vigilantism

Slaw.ca recently published an article on he Breakdown of Trust: How Delays in Canada’s Justice System Foster Vigilantism.

It is written by Travis Dods of the Canadian Forum on Civil Justice (CFCJ):

"The Canadian justice system has long grappled with delays, but recent figures underscore a crisis of unprecedented proportions (...) As an example, data from the post-pandemic Tribunals Ontario 2021-22 Annual Report revealed that the four largest tribunals in Ontario ... were burdened with a collective backlog of over 67,000 cases."

"This staggering number translates to real, life-changing consequences for individuals awaiting justice. Parties face extended trauma, enduring persistent anxiety as they seek closure on some of the most distressing experiences they likely have ever encountered. More broadly, these delays undermine the public’s confidence in the justice system."

"The frustration stemming from the principle of 'justice delayed is justice denied' has led to real-world consequences, with individuals abandoning the justice system and turning to extralegal means to resolve their disputes. For instance, in response to growing backlogs at the Landlord and Tenant Board, legal clinics have reported a rise in 'self-help' methods used by landlords and tenants, such as illegal lock changes or withholding rent. While these actions may sometimes be understandable given the circumstances, they reflect a troubling shift away from formal legal processes toward a preference for immediate, and often unlawful, resolutions. Perhaps the most alarming of these extralegal methods is vigilantism."

The article explores examples of vigilantism from Canadian history and proposes avenues for restoring faith in the system.

The CFCJ is a national non-profit organization that works to advance civil justice reform through research and advocacy.

Supreme Court of Canada Calendar of November 2024 Hearings

The Supreme Court of Canada has published its calendar of upcoming appeals that will be heard in November. 

To find out more about any particular case, click on a case number in parentheses to find docket information, case summaries as well as factums from the parties and any interveners.

Statistics Canada Data on Family Violence and Intimate Partner Violence

Statistics Canada recently released new data tables that describe Trends in police-reported family violence and intimate partner violence in Canada, 2023:

"From 2009—the first year that comparable data are available—to 2014, rates of police-reported family violence and intimate partner violence generally declined from one year to the next. This was followed by several years of gradual increases then relative stability from 2021 to 2022. However, in 2023, family violence increased 3% and intimate partner violence increased 1%."

"From 2018 to 2023, police-reported violent crime increased 20%. Over the same period, overall rates of family violence (+17%) and intimate partner violence (+13%) also rose. Increases were noted regardless of gender, although they were larger for men and boys (+19% for family violence and +20% for intimate partner violence) than for women and girls (+15% for family violence and +12% for intimate partner violence)."

"Despite larger increases having been observed among men and boys since 2018, women and girls remain overrepresented among victims of family violence and intimate partner violence. In 2023, women and girls accounted for two-thirds (68%) of victims of family violence and nearly four in five victims of intimate partner violence (78%). The rate of family violence for women and girls (473 victims per 100,000 population) was twice as high as that for men and boys (220), while the rate of intimate partner violence was nearly four times higher for women and girls (549 victims per 100,000 population) than for men and boys (155)."

"Victims of intimate partner violence may not report their experience to authorities for a variety of reasons, such as the belief that it is a private or personal matter, or a lack of trust in the criminal justice system. It should be noted that some research has shown that men and boys who experience intimate partner violence may be more reluctant to report it to authorities because of the stigma surrounding male victims."

Guidelines for the Use of Artificial Intelligence in Canadian Courts

The Canadian Judicial Council (CJC) has released Guidelines for the Use of Artificial Intelligence in Canadian Courts:

 

"These Guidelines aim to provide Canadian judges with a principled framework for understanding the extent to which AI tools can be used appropriately to support or enhance the judicial role. The objective is twofold: to establish a rationale for a consistent approach to the utilization of AI in Canadian courts and to shed light on both the opportunities and risks inherent in AI’s potential incursion into court administration and judicial decision-making. We hope this guidance can also serve as the basis for a more standardized approach to judicial education across all jurisdictions in order to foster continued competence as these systems evolve (...)"

"Formulating AI guidelines at this juncture necessitates a delicate balance between  embracing innovation and acknowledging that many of the ramifications of this potent technology remain uncharted. Established values and fundamental principles must not be discarded solely due to the pressures of modernization. At the same time, AI shows promise in providing innovative solutions to longstanding practical challenges within the justice system."

"Consequently, this modest endeavour proposes to adhere to three guiding principles: (1) Awareness and Education, (2) Caution and (3) Leadership."

The CJC's  role is to ensure the proper conduct of federally appointed judges and to improve the quality of judicial services, court management and technology. It is chaired by the Chief Justice of the Supreme Court of Canada.

CanLII, the Canadian Legal Information Institute, has just added a new book to its commentary collection, Decoding the court : legal data insights from the Supreme Court of Canada:

"This edited collection combines state-of-the-art legal data analytics with in-depth doctrinal analysis to study the Supreme Court of Canada (SCC), Canada’s top court. A data analytics perspective adds new dimensions to the study of courts and their case law. It renders legal analysis scalable, making it possible to investigate thousands of judicial decisions, adding new breadth and depth. It also enables researchers to combine doctrinal questions about how the law evolves with institutional questions about how courts operate, shedding new light on how law works in practice. By applying a range of methods to study the content of SCC decisions, this work bridges the gap between qualitative and quantitative research. Demonstrating how new analytical perspectives can generate new insights about the Supreme Court, an institution which is closely studied by scholars both within and outside Canada, the book will be essential reading for legal scholars and political scientists, particularly those working in public law and in empirical legal studies."

It is edited by 3 University of Ottawa legal scholars, Wolfgang Alschner, Vanessa MacDonnell and Carissima Mathen.

CanLII is a portal funded by Canada’s provincial and territorial law societies to make legal information content (court judgments, tribunal decisions, statutes and regulations, commentary) available to Canadians free of charge.

In recent years, it has been rapidly expanding its offerings of legal commentary, including law reviews, reports, newsletters, e-books and thousands of case commentaries.

posted by Michel-Adrien at 8:43 pm 0 comments

Scottish Law Commission Discussion Paper on Civil Remedies for Domestic Abuse

The Scottish Law Commission has released a discussion paper on Civil Remedies for Domestic Abuse. It is part of a consultation process that ends in January 2025:

Many problems have been identified with current legislation on the issue:

• It is unclear how or if the law in this area interacts with criminal and child law.
• The legislation relating to the civil protection orders that can be sought in domestic abuse cases is fragmented, and the options are complicated.
• There are multiple different protective remedies available, all contained in different statutes and with different threshold tests (and there are concerns that some of the statutory tests are too high, for example for exclusion orders and powers of arrest).
• Even once a victim/survivor secures a civil protection order, there can be issues about enforcement.
• There is insufficient recognition of the impact of domestic abuse on children in the civil protection legislation.

The Discussion Paper explores many of the criticisms and considers possible changes.

It also looks at the law of civil remedies for domestic abuse in other jurisdictions, including Australia, Canada, England and Wales, Ireland, and New Zealand.

Call for Proposals for 2025 Conference of the Canadian Association of Law Libraries.

The 2025 Conference of the Canadian Association of Law Libraries (CALL) will take place in Calgary, Alberta from May 25 to 28, 2025.

Conferences organizers are looking for a variety of proposals that fit in with the CALL Professional Pathways, speakers from different types of libraries and introductory and advanced coverage of topics.

Presentations can be in different formats:

• 45-minute plenary presentation
• Poster Presentation (Students and New Professionals)
• 7-Minute Lightning Talk

People interested in presenting can fill out the proposal form and submit it to conference@callacbd.ca by the deadline of December 20, 2024.

New UNESCO Collection of Best Practices for Prsion Libraries

The UNESCO Institute for Lifelong Learning has made public a series of 16 case studies on best practices by prison libraries in different parts of the world:

"Education is a fundamental human right, of which prisoners should not be deprived. Lifelong learning opportunities in penitentiary contexts can empower individuals by equipping them with the tools to create new lives and livelihoods for themselves after release. Through fostering personal growth, and economic and social reintegration, prison education can result in lower rates of recidivism and promote more cohesive societies. In this context, gender-sensitive and human-centred approaches are key."

"Across the globe, inspiring efforts to promote prison education, including through the development of prison libraries, are being spearheaded by prison authorities, non-governmental organizations, civil society groups, international organizations and educational institutions, among others. This online collection seeks to showcase innovative and effective practices in this area, while sharing key impact data and personal stories that illustrate the transformative power of lifelong learning opportunities that are available to individuals who are incarcerated."

UNESCO is the United Nations Educational, Scientific and Cultural Organization.

Statistics Canada Report on Impact of Cybercrime on Canadian Businesses

Today, Statistics Canada published findings on the Impact of cybercrime on Canadian businesses, 2023:

"While digitalization and a growing online presence have created many new opportunities for Canadian businesses, they have also exposed businesses to new risks regarding privacy, data protection and cyber security. In 2023, total spending on recovery from cyber security incidents doubled from 2021, demonstrating the growing importance of cyber preparedness."

"Since 2017, the Canadian Survey of Cyber Security and Cybercrime (CSCSC) has collected data on the policies and measures put in place by Canadian businesses to manage cyber security and investigated how cyber security incidents impact their operations."

"The release of 2023 data from the CSCSC coincides with Cyber Security Awareness Month, which is an internationally recognized campaign held each October to inform the public of the importance of cyber security."

Among some of the findings:

• The proportion of businesses impacted by cyber security incidents continues to decline
• Identity theft, scams and fraud, and ransomware are impacting a larger proportion of businesses
• Spending on recovery from cyber security incidents doubles, while preventative spending is stable
• The usage of cyber risk insurance is up
• The proportion of victims reporting cyber security incidents to police services increased in 2023

Supreme Court of Canada to Celebrate its 150th Anniversary in 2025

The Supreme Court of Canada will turn 150 next year and has announced a series of initiatives and events to mark the occasion.

These include:

• visits by the Court to 5 Canadian cities
• a major legal conference
• an essay competition for law students
• an art competition for young people
• a reunion of current and former Supreme Court judicial law clerks
• a ceremonial ‘Opening of the Judicial Year’ on October 6, 2025

The Court has created a special anniversary website where more announcements will be published.