Canadian Criminal Law Library

 

Provides practitioners, scholars and students with commentaries on current criminal law issues having a Canadian, American or British origin. The issues are placed into their proper historic, social, and political context. The author is a Canadian practitioner and author who has specialized in criminal law for 25 years.     
       

PEOPLE WHO STALK PEOPLE

Stalkers plunge their victim into a world of fear and terror by repeatedly following and attempting to contact their victim despite pleas to stay away. In this recently - published article, the author examines the four psychological profiles of those who stalk, then considers the principal social, cultural and political forces that prompted legislators in Canada and the United States to move swiftly in the development of aggressive anti-stalking legislation. [published at: 31 U.B.C. Law Review 37 (1997).]

HISTORICAL DEVELOPMENT OF THE OFFENCE OF RAPE

Sexual assault is unlike any other crime. Most perpetrators are male. Most incidents go unreported, and, when charges are laid, the resulting trial often focuses on the character and motivation of the complainant rather than the conduct of the person accused of the crime. In this article, the author traces through the historical, social and legal underpinnings of the offence of rape, and then examines the tension that has developed between a judiciary that seeks to protect accused persons against false accusations, and legislators who seek to protect the public from this insidious crime. [First published by the Canadian Bar Association in 1993 in a book entitled "100 years of the Criminal Code"]

Law on the Internet:

Bruce A. MacFarlane, Q. C. Barrister and Attorney-at-Law (Winnipeg, Manitoba, Canada)

bmacfarl@mts.net