Content warning: this podcast contains graphic details that may be disturbing to listeners. Professor Lisa Kerr discusses a unanimous Supreme Court of Canada decision in May 2019 ordering a new trial for Bradley Barton, the Ontario trucker accused of killing Indigenous woman Cindy Gladue.
At the most fundamental level, criminal law is based around a single Latin phrase: “Actus non facit reum nisi mens sit rea”, which translates to “an act does not make a person guilty unless the mind is also guilty”.
You may be surprised to know that Canada – unlike most nations in the world – doesn’t operate under one set of laws. There are two (actually, three) legal systems in Canada.