Michael Plaxton
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michaelplaxton.bsky.social
Michael Plaxton
@michaelplaxton.bsky.social

Law professor. Books: Implied Consent & Sexual Assault; Sovereignty, Restraint, & Guidance; The Tenth Justice (w/ Carissima Mathen).

Law 53%
Political science 27%

New post: On the much-disputed fault requirement for sexual assault. An issue to finally be resolved by the Supreme Court of Canada this year. Comments welcome.

open.substack.com/pub/michaelp...
The Fault Requirement for Sexual Assault
The basic arguments in a nutshell
open.substack.com

My second post on sexual deception, focusing on Chloe Kennedy's paper, "Criminalising deceptive sex". Comments welcome.

open.substack.com/pub/michaelp...
Deceptive Sex Part Two
On Chloe Kennedy's "Criminalising deceptive sex"
open.substack.com

New Substack post. On the problems of having two discrete Code provisions that implicate sexual deception; and the difficulties that the Supreme Court has encountered in working out what deception means for "voluntary agreement".

open.substack.com/pub/michaelp...
Deceptive Sex
Voluntary Agreement & Fraud; Hutchinson & Kirkpatrick
open.substack.com

My new Substack post, in which I reflect on two (perhaps conjoined) oddities about Canada's impaired driving offences. Comments and suggestions very welcome!

open.substack.com/pub/michaelp...
Strangeness in Canada's Impaired Driving Offences
Impaired When? Death Caused by What?
open.substack.com

My latest Substack long-read on the Alberta Court of Appeal's 2024 ruling in Barton. On vitiation of sexual consent, the judicial power to expand crimes, objective fault, and whether a focus on subjective consent is altogether a good thing.

open.substack.com/pub/michaelp...
Looking Back to R v Barton (#2)
Vitiation of Sexual Consent, Judicial Power, & Sexual Ethics
open.substack.com

Some reflections on my book, Implied Consent & Sexual Assault, ten years later.

open.substack.com/pub/michaelp...
Implied Consent & Sexual Assault: Revisited
Thoughts on My Book, Ten Years Later
open.substack.com

Comments and suggestions on this paper much appreciated. I still have to update it to reflect comments in Senneville, but very much interested in hearing what folks think.

Many thanks to @lsolum.bsky.social for sharing my paper.

Reposted by Michael Plaxton

Plaxton on Declarations of Inconsistency in Canada

Michael Plaxton (College of Law, University of Saskatchewan) has posted Declarations of Inconsistency, Guidance, and Canadian Statute Books on SSRN. Here is the abstract: When a court declares that a statutory provision or scheme is…
Plaxton on Declarations of Inconsistency in Canada
Michael Plaxton (College of Law, University of Saskatchewan) has posted Declarations of Inconsistency, Guidance, and Canadian Statute Books on SSRN. Here is the abstract: When a court declares that a statutory provision or scheme is unconstitutional, what has it done? It is commonly said, in both the United States and Canada, that the legislation in issue has been ‘struck down’ or ‘nullified’.
legaltheoryblog.com

In which I discuss the current Criminal Code offences that could conceivably be used to address sexual deepfakes and deep nudes, and the scope of the "new" offence in Bill C-16.

My new post on sexual deepfakes and Canadian criminal law.

open.substack.com/pub/michaelp...
Grok, Deepfakes, and Bill C-16
According to widespread reports, Grok - X’s AI chatbot - has been used to produce thousands of nude and sexually suggestive depictions of women and children.
open.substack.com

Reposted by Michael Plaxton

"A Calgary woman accused of sending five emails that threatened former Alberta justice minister Jonathan Denis, his mother and several of his friends has seen those charges dropped after evidence was revealed in court that one of the emails was sent through an email-spoofing website..."
She was accused of threatening a former Alberta justice minister, others — until a spoofed email came to light | CBC News
A Calgary woman accused of sending five emails that threatened former Alberta justice minister Jonathan Denis, his mother and several of his friends has seen those charges dropped after evidence was r...
www.cbc.ca

Reposted by Michael Plaxton

Jury trials in England and Wales to be scrapped except for most serious cases on.ft.com/3LY1Ceq
Jury trials in England and Wales to be scrapped except for most serious cases
Proposed changes unlikely to apply for trials of serious offences such as rape and murder
on.ft.com
Tweet less; research more.

Reposted by Michael Plaxton

Another shot of an avocet in a rainbow, @rspb.bsky.social RSPB Titchwell Marsh @rspbtitchwellsnett.bsky.social , Norfolk, Saturday 13th September. With @richard013.bsky.social #UKBirding

Yes.
Violence only begets violence. Enduring change comes from building solutions, transforming minds, and cultivating what is good, in the human heart and in the world.

Reposted by Michael Plaxton

Violence only begets violence. Enduring change comes from building solutions, transforming minds, and cultivating what is good, in the human heart and in the world.

Reposted by Michael Plaxton

I've been profoundly depressed seeing so many leftists either joke about or celebrate the murder of someone for political speech. Glad to see this political clarity from @benburgis.bsky.social and Meagan Day in @jacobinmag.bsky.social.

jacobin.com/2025/09/char...

Reposted by Michael Plaxton

‘Standpoint epistemology’ - mostly an excuse to talk about yourself

Fyi, I've gathered together a bunch of recent X posts on defence of person against home intruders on my Substack.

open.substack.com/pub/michaelp...
A Collection of X posts on Defence of Person in the Context of Home Intruders
I've been posting quite a bit on X about the law of defence of person in the context of home intruders.
open.substack.com

Reposted by Michael Plaxton

Reposted by Michael Plaxton

And it's funny as Twitter isn't doing great either. Their advertising cpm is now payable in-kind in nutritional supplements and shit coins. Where is everyone? Threads? Signal chats? Sitting in the parlor swirling brandy snifters and playing charades?

Reposted by Michael Plaxton

The stats suggest Bluesky is dying. I think it is just too plain crazy on here.

Reposted by Michael Plaxton

I am surprised anti-luminosity about philosophical playerhood is not the default position at DailyNous.

Reposted by Michael Plaxton

Musings about AI as we head into the fall term.

lagassep.com/2025/07/25/a...

Reposted by Michael Plaxton

My column: Why do men accused of sexual crimes so often prefer women lawyers? To hide behind their skirts. Such hearings were always torment for complainants faced with public scorn, extreme cross-examination and vicious misogynists like the late Chris Blatchford www.thestar.com/opinion/star...
Heather Mallick: Why would female lawyers represent men in sexual crimes?
I don’t object to diversity hiring — it has let women, the disabled, and racialized people into workplace once reserved for white men — but you’d think the diverse would
www.thestar.com

Reposted by Michael Plaxton

Richard Fallon, In Memoriam, buff.ly/6WxLugJ - A tribute to the great scholar and dear friend.

Reposted by Michael Plaxton

Starting at Harvard College this fall (or know someone who is)?

Want to think through hard moral and political issues?

Look into my first-year seminar on "Abortion in Controversy," Tuesdays, 3-5 pm

stevesachs.com/syllabi/abor...

Reposted by Michael Plaxton

Rarely have I known someone so universally beloved by his colleagues, his students, and his community. May his memory be a blessing.
RIP Dick Fallon. A devastating loss professionally and personally.
RIP Dick Fallon. A devastating loss professionally and personally.

Reposted by Michael Plaxton

Research leave for the first time in a while and the out of office is on.