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Introduction I. Sentencing Lacks Holistic Analysis II. Gender-Diverse Individuals Receive Unfair Treatment in a Variety of Carceral Contexts A. Entry Into Prisons (i) Reduced to Genitalia: Placement Prior to Bill [...], Gender-diverse individuals are over-incarcerated and experience uniquely harsh conditions in prisons in comparison to cisgender individuals. This paper proposes using sentencing law as a tool to minimize these disparities, specifically through the use of individualized proportionality, to arrive at a fit and just sentence for the criminalized person. Specific ways in which gender-diverse individuals experience suffering in prisons include, placement in prisons that do not accord with gender identity, increased risk of physical, emotional, and sexual violence, the use of strip searches, increased use of solitary confinement under the guise of safety, and insufficient culturally competent, gender-affirming healthcare. These conditions of confinement of gender-diverse individuals should be considered in sentencing to conclude whether a custodial sentence is appropriate, and if so, for what period of time. This paper looks at case law in which gender identity is acknowledged as a circumstance of the criminalized person, and more recent case law that considers how the conditions of confinement will uniquely affect the gender-diverse individual before the court. A more consistent, proactive assessment of these conditions is appropriate and may reduce the suffering experienced by gender-diverse individuals at the hands of the carceral state.

Suicide is a devastating issue that is increasingly affecting post-secondary students across Canadian university campuses. Despite growing awareness of this problem, research shows that mental health supports for post-secondary students in Canada remain insufficient and inaccessible. This paper argues that the law is also lagging behind. Currently, no legal recourse exists to find universities civilly liable if students die by suicide, on- or off-campus. In an effort to address this lag, this paper examines the potential consequences of expanding the duty of care owed by universities to their students in tort law. This paper briey maps the current legal terrain, both in terms of general duties of care that universities owe their students and jurisprudence related to suicide prevention, for example, in the contexts of jails and hospitals. The paper turns to American jurisprudence that has recognized a duty of care for universities to prevent student suicides and considers the potential costs and benefits, for universities and students alike, of adopting such a standard in Canada to create a new and expanded duty. [ABSTRACT FROM AUTHOR]