(DOWNLOAD) "Culture, Religion and the Ordinary Person: An Essay on R. V. Humaid (Canada)" by Ottawa Law Review * eBook PDF Kindle ePub Free
eBook details
- Title: Culture, Religion and the Ordinary Person: An Essay on R. V. Humaid (Canada)
- Author : Ottawa Law Review
- Release Date : January 22, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 300 KB
Description
In this essay, the author analyzes the Ontario Court of Appeal decision in R. v Humaid, a judgment which illustrates the risks associated with cultural and religious claims in the criminal courts. Humaid offers a complex entry point into the current state of the "ordinary person test, a pivotal aspect of provocation doctrine. The decision raises questions about "ordinariness", "Canadian values", "cultural" identity, "cultural" expertise, and gender equality. The author ,argues that Humaid exposes the "cultural politics of the ordinary person standard, in the same way that the decisions in Stone and Thibert exposed the gender politics of the defence. The essay focuses on three aspects of the Court's analysis: (1) the presentation and assessment of the cultural evidence; (2) the substantive evaluation of the cultural claim as an aspect of the objective test; and (3) the Court's decision to sidestep the key doctrinal question--the relevance of cultural and religious identity to the construction of the "ordinary person." The author suggests that the Court's failure to take account of substantive equality. values in its assessment of the "ordinary person test allows it to avoid examining the challenges inherent in attending to cultural and religious diversity within the criminal law. This failure is especially troubling in our increasingly diverse courtrooms, where issues of religious and cultural identity are frequently raised.
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