The Lawyer's Daily

Church constitution, bylaws establish contract with congregants, court rules

Anthony Colangelo, of Lento Professional Corporation and counsel for the appellants, said the Court of Appeal did ‘a very good job’ reviewing the matter and clarifying what the Supreme Court had determined in Wall.

Friday, January 17, 2020 @ 9:12 AM

The Ontario Court of Appeal has allowed the appeal of congregants who were expelled from their church after a dispute with the organization’s leadership. Counsel involved in the case said the decision helps clarify the Supreme Court of Canada’s ruling in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall 2018 SCC 26. ... [read more]

Quebec Justice Ministry’s ‘ambitious’ strategic plan spurs questions Jean-François Roberge

Friday, January 17, 2020 @ 12:32 PM

An ambitious strategic plan unveiled by the Quebec Ministry of Justice outlines measures the provincial government expects to implement over the course of the next three years to curb criminal and penal court delays, accelerate the deployment of technologies in the justice system, boost the use of alternative dispute resolution and improve access to justice. ... [read more]

B.C. Appeal Court sides with teen in hormone treatment dispute with father

Friday, January 17, 2020 @ 11:15 AM

A transgender teenager has emerged victorious in B.C.’s Appeal Court after his father attempted to prevent him from receiving hormone treatments as a part of his transition from a female to male body, but the court added the father’s behaviour did not rise to the level of family violence, as a lower court had said. ... [read more]

Ontario Court of Appeal condemns police searches that infringed Charter rights Mark_Halfyard_2019_sm

Thursday, January 16, 2020 @ 2:40 PM

In two decisions released Jan. 7, the Ontario Court of Appeal stressed the importance of protecting citizens’ Charter rights during police searches. Counsel involved in one of the decisions said the court has been loud and clear about the limits police have on taking a statement from a suspect “without giving them their right to counsel” and how far police can go in detaining residents of a home during a search. ... [read more]

Manitoba Justice ‘reviewing’ judges’ criticism of northern bail system Cliff_Cullen_sm

Thursday, January 16, 2020 @ 12:13 PM

Manitoba’s Justice minister will “carefully consider” a call now being made by two judges that an independent review take place into deficiencies and delays plaguing the bail system in the province’s remote north. Comment from Justice Minister Cliff Cullen comes after a second judge in Manitoba’s northern court system used his recent decision in a criminal case to echo a previous recommendation for an outside look into what he called “worrisome shortcomings” that are hindering an “overburdened” system. ... [read more]