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Friday, July 07, 2017 @ 8:39 AM

JAG v. Minister of Justice: Who comes first in parliamentary accountability? | Tim Dunne

In the opening remarks of the 2015-2016 Annual Report of the Judge Advocate General (JAG), Major-General Blaise Cathcart, described his accountabilities and plenipotentiary powers regarding military justice. The description of JAG’s responsibilities suggests that the incumbent alone determines and limits the specifications, conditions, provisions, organization, limitations, constraints and confines of the military justice system. If this were so, the National Defence Act would be in direct conflict with the Department of Justice Act regarding responsibility for the National Defence Act (NDA), and therefore the application of military justice. ... [read more]

Tuesday, July 04, 2017 @ 8:48 AM

Advocacy for addicts in personal injury litigation | Sandra Kovacs

Addiction, whether to drugs or alcohol, is a prevalent problem in our society: statistics say roughly one out of every five Canadians will meet the criteria for substance addiction during his or her lifetime. With these statistics it is not surprising that personal injury lawyers frequently encounter clients with substance abuse disorders. ... [read more]

Friday, June 30, 2017 @ 12:31 PM

Hi Tech: 3D printing and the law | Luigi Benetton

The costs and technical sophistication associated with 3D printing currently keep it in the realm of industry and enthusiasts. That doesn’t mean the legal community can afford to ignore it. ... [read more]

Thursday, June 29, 2017 @ 8:44 AM

Should victims of violent crime have legal representation in court? | Robert Karrass

Imagine you are the victim of a violent crime. Imagine that you have summoned the courage to confront your attacker and testify against him (or her) in court. Now imagine that for no defined or specific reason, you are shackled and taken to jail where you spend five nights. And to make matters worse, you are transported to and from court in the same police van as your attacker. As unbelievable as this scenario is, it is exactly what happened to Jane Doe. ... [read more]

Monday, June 26, 2017 @ 9:00 AM

It’s time to re-evaluate the jury system | Michael Spratt

Criminal trials are high stakes affairs. Unlike civil disputes criminal trials are not merely monetary. In criminal trials the defendants’ liberty and freedom hang in the balance. To lose a serious criminal trial means jail – confinement in a dirty, violent, and punitive Dickensian hellhole. Monetary damages can be reversed, property losses can be compensated but a wrongful incarceration is a scar that never heals. So when it comes to criminal trials — especially involving serious allegations — we better get it right. So, for the most serious criminal matters who does our justice system trust to get it right? ... [read more]

Thursday, June 22, 2017 @ 1:43 PM

The Headhunter: Common pitfalls when evaluating your next move | Warren Smith

Taking on a new position is never an easy decision — there is invariably stress around trying to assess if the role is the right fit, whether the new environment will ultimately be a match, while also facing the potential stress of leaving colleagues and a once familiar environment behind. ... [read more]

Thursday, June 22, 2017 @ 8:39 AM

Efforts to cool hot housing markets target 'foreigners' instead of speculators | Julius Melnitzer

In an era where anti-immigration policies are picking up steam, “foreign” is a dangerous word. And therein lies the problems with the Ontario and British Columbia measures that impose additional taxes on non-residents buying residential property in the Toronto and Vancouver regions. ... [read more]

Wednesday, June 21, 2017 @ 1:29 PM

Why is Trudeau government opposing Charter equality for Indigenous women? | Pamela Palmater

Shortly after Confederation, the federal government used its jurisdictional powers over “Indians and lands reserved for the Indians” in s. 91(24) of the Constitution Act 1867, to enact the Indian Act, 1876 – making it nearly as old as “Canada” itself. For well over a hundred years, the Indian Act has included provisions intended to legislate Indians out of existence — a form of forced assimilation — that primarily targeted Indigenous women and their descendants for enfranchisement (loss of status as an “Indian” and removal from the reserve as a member). ... [read more]

Monday, June 19, 2017 @ 11:50 AM

Cody v. The Queen – read my lips | Richard Pound

The Supreme Court of Canada administered what might well fall between a remedial reading session and a spanking in its unanimous judgment in Cody v. Her Majesty the Queen. The judgment was issued in the name of the court, within weeks of the hearing. The bench included judges who had dissented in the Jordan appeal. ... [read more]

Monday, June 19, 2017 @ 8:37 AM

Alcohol, memory and reasonable doubt | Timothy Moore and Julianna Greenspan

While our memories are quite accurate most of the time, cognitive science has demonstrated that memory errors are not uncommon.  When mistakes occur, they can be large, undetectable, subjectively compelling and reported with as much conviction as genuine memories.   ... [read more]