Legal Subversion of the Criminal Justice Process? Judicial, Prosecutorial and Police Discretion in Edmondson, Kindrat and Brown

In Elizabeth Sheehy (ed.), SEXUAL ASSAULT IN CANADA: LAW, LEGAL PRACTICE & WOMEN'S ACTIVISM,. Ottawa, ON, Canada: Ottawa: University of Ottawa Press. pp. 111-150 (2012)
Download Edit this record How to cite View on PhilPapers
Abstract
In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case.
PhilPapers/Archive ID
VANLSO
Upload history
First archival date: 2018-08-23
Latest version: 2 (2018-08-30)
View other versions
Added to PP index
2013-08-28

Total views
118 ( #32,415 of 52,923 )

Recent downloads (6 months)
22 ( #28,180 of 52,923 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.