The Lawyer's Daily

Supreme Court clarifies sexual assault law in case spotlighting justice system’s mistreatment of Indigenous women and sex workers

Supreme Court of Canada Justice Michael Moldaver said the criminal justice system ‘can — and must — do better’ to eradicate the myths and stereotypes that work against women — particularly Indigenous women and sex workers — in sexual assault prosecutions.

Friday, May 24, 2019 @ 10:35 AM

Last Updated: Friday, May 24, 2019 @ 12:07 PM

In a much anticipated ruling that addresses jury charges, consent, the use of the rape shield and a host of other fraught issues in the law and prosecution of sexual assault, the Supreme Court of Canada has 4-3 allowed, in part, the appeal of Bradley Barton from an Alberta Court of Appeal ruling that ruled in 2017, after his acquittal by a jury, that Barton must face a new trial on murder and manslaughter in the 2011 death of Cindy Gladue following their sexual encounters. ... [read more]

B.C. Court of Appeal imposes conditions to ensure inmates access to counsel A Latimer

Friday, May 24, 2019 @ 8:47 AM

The British Columbia Court of Appeal has released another decision regarding the treatment of inmates in administrative segregation but noted this won’t be the final word as the Attorney General of Canada has made a new application to suspend the declaration of invalidity on solitary confinement. ... [read more]

Canadian Judicial Council’s legal bid to insulate itself from judicial review for fairness may have run its course

Thursday, May 23, 2019 @ 11:54 AM

The Canadian Judicial Council (CJC), chaired by Canada’s top judge, has not yet announced whether it will seek leave to appeal a recent Federal Court of Appeal decision to the Supreme Court of Canada — a move that would likely lead to Supreme Court of Canada Chief Justice Richard Wagner and Justice Suzanne Côté recusing themselves from the novel case. ... [read more]