Show Notes

(7:39 Total Running Time)

0:14 Jacob Kaufman and Omar Ha-Redeye introduce themselves

0:22 The Law is Cool Blue Jays giveaway is mentioned

0:48 Audio comments from the University of Western Ontario are introduced, featuring Dave McKenna, Chris Boyko, Dana Lord and Will Hooper

2:06 Jacob shares the historical common origin of tort and criminal law

2:45 Omar mentions the imbalance of powers between tort law and criminal law

3:51 Jacob shares his thoughts on Foundation for Children, Youth and the Law v. Canada, [2004] 1 S.C.R. 76, 2004 SCC 4

(n.b. the decision wasn not 6-1 it was 6-3, with 1 person dissenting in part)

4:22 Jacob cites the Criminal Code s. 43, the challanged law.

4:50 Jacob cites Foundation for Children, Youth and the Law v. Canada at para. 40 explaining the majority opinion’s new construction of s. 43.

5:13 Jacob cites Foundation for Children, Youth and the Law v. Canada at para. 190 quoting Justice Arbour’s list of the contortions the majority had to go through to reach that new construction.

6:01 Jacob cites R. v. Malmo-Levine; R. v. Caine at para. 133 to show why Parliament, not the court, would have been the better body to rewrite s. 43.

7:01 Omar signs off