Latest on Substack: my first of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On common sense, myths and stereotypes, and appellate review. Second will be posted tomorrow.
open.substack.com/pub/michaelp...
My second of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On what the decision conspicuously doesn't say about the role of the trial judge and (relatedly) judicial notice. Comments and thoughts welcome.
open.substack.com/pub/michaelp...
My second of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On what the decision conspicuously doesn't say about the role of the trial judge and (relatedly) judicial notice. Comments and thoughts welcome.
open.substack.com/pub/michaelp...
Latest on Substack: my first of two posts on the Supreme Court of Canada's 2024 decision in Kruk. On common sense, myths and stereotypes, and appellate review. Second will be posted tomorrow.
open.substack.com/pub/michaelp...
New Substack post on the 2025 SCC decision in Rioux. Incapacity by intoxication, the evidentiary challenges of disproving subjective consent and incapacity when the complainant has significant memory issues; and a (perhaps controversial) proposal for reform.
open.substack.com/pub/michaelp...
New Substack post on the 2025 SCC decision in Rioux. Incapacity by intoxication, the evidentiary challenges of disproving subjective consent and incapacity when the complainant has significant memory issues; and a (perhaps controversial) proposal for reform.
open.substack.com/pub/michaelp...
New Substack post: on the majority decision in Taylor and its vigorous reassertion of living tree-ism.
open.substack.com/pub/michaelp...
New Substack post: on the majority decision in Taylor and its vigorous reassertion of living tree-ism.
open.substack.com/pub/michaelp...
New post: On the much-disputed fault requirement for sexual assault. An issue to finally be resolved by the Supreme Court of Canada this year. Comments welcome.
open.substack.com/pub/michaelp...
New post: On the much-disputed fault requirement for sexual assault. An issue to finally be resolved by the Supreme Court of Canada this year. Comments welcome.
open.substack.com/pub/michaelp...
My second post on sexual deception, focusing on Chloe Kennedy's paper, "Criminalising deceptive sex". Comments welcome.
open.substack.com/pub/michaelp...
My second post on sexual deception, focusing on Chloe Kennedy's paper, "Criminalising deceptive sex". Comments welcome.
open.substack.com/pub/michaelp...
New Substack post. On the problems of having two discrete Code provisions that implicate sexual deception; and the difficulties that the Supreme Court has encountered in working out what deception means for "voluntary agreement".
open.substack.com/pub/michaelp...
New Substack post. On the problems of having two discrete Code provisions that implicate sexual deception; and the difficulties that the Supreme Court has encountered in working out what deception means for "voluntary agreement".
open.substack.com/pub/michaelp...
My new Substack post, in which I reflect on two (perhaps conjoined) oddities about Canada's impaired driving offences. Comments and suggestions very welcome!
open.substack.com/pub/michaelp...
My latest Substack long-read on the Alberta Court of Appeal's 2024 ruling in Barton. On vitiation of sexual consent, the judicial power to expand crimes, objective fault, and whether a focus on subjective consent is altogether a good thing.
open.substack.com/pub/michaelp...
My latest Substack long-read on the Alberta Court of Appeal's 2024 ruling in Barton. On vitiation of sexual consent, the judicial power to expand crimes, objective fault, and whether a focus on subjective consent is altogether a good thing.
open.substack.com/pub/michaelp...
Comments and suggestions on this paper much appreciated. I still have to update it to reflect comments in Senneville, but very much interested in hearing what folks think.
Many thanks to @lsolum.bsky.social for sharing my paper.
Some reflections on my book, Implied Consent & Sexual Assault, ten years later.
open.substack.com/pub/michaelp...
Some reflections on my book, Implied Consent & Sexual Assault, ten years later.
open.substack.com/pub/michaelp...
Comments and suggestions on this paper much appreciated. I still have to update it to reflect comments in Senneville, but very much interested in hearing what folks think.
Many thanks to @lsolum.bsky.social for sharing my paper.
Plaxton on Declarations of Inconsistency in Canada
Michael Plaxton (College of Law, University of Saskatchewan) has posted Declarations of Inconsistency, Guidance, and Canadian Statute Books on SSRN. Here is the abstract: When a court declares that a statutory provision or scheme is…
In which I discuss the current Criminal Code offences that could conceivably be used to address sexual deepfakes and deep nudes, and the scope of the "new" offence in Bill C-16.
In which I discuss the current Criminal Code offences that could conceivably be used to address sexual deepfakes and deep nudes, and the scope of the "new" offence in Bill C-16.
My new post on sexual deepfakes and Canadian criminal law.
open.substack.com/pub/michaelp...
"A Calgary woman accused of sending five emails that threatened former Alberta justice minister Jonathan Denis, his mother and several of his friends has seen those charges dropped after evidence was revealed in court that one of the emails was sent through an email-spoofing website..."
Devlin (1966) “The lamp that shows that freedom lives”
Darbyshire (1991) “The lamp that shows that freedom lives - is it worth the candle?”
Lammy (2025) “someone who is good at the economy please help me budget these candles. my state capacity is dying”
Tweet less; research more.
Another shot of an avocet in a rainbow, @rspb.bsky.social RSPB Titchwell Marsh @rspbtitchwellsnett.bsky.social , Norfolk, Saturday 13th September. With @richard013.bsky.social #UKBirding
