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Friday, March 23, 2018 @ 8:37 AM

Bill C-46 is constitutional and should be passed by the Senate | Marc Gold

The Senate Standing Committee on Legal and Constitutional Affairs is studying Bill C-46, the government’s proposed changes to the Criminal Code provisions dealing with impaired driving. As a member of that committee, and as a law professor specializing in constitutional law, civil liberties and the law of evidence, I read with interest the March 7 article by Cristin Schmitz in which several of my colleagues on the committee, including the chair, pronounced on the constitutionality of the bill. Despite my respect for my colleagues’ opinions and expertise, I believe their conclusions to be premature, potentially misleading and, in my opinion, wrong in law. ... [read more]

Friday, March 16, 2018 @ 11:37 AM

B.C. Supreme Court decision in polygamy case raises due process issue: law expert Beverley Baines, Queen's University Faculty of Law

A B.C. Supreme Court justice has rejected a stay of proceedings for two men convicted of having multiple wives, rejecting arguments that the government’s lack of prosecuting them in the past was an admission they believed the Criminal Code’s provisions against polygamy were unconstitutional. ... [read more]

Thursday, March 15, 2018 @ 8:45 AM

Quebec ruling over protest bylaw ‘narrows the powers of a municipality,’ lawyer says

A City of Montreal bylaw that forced protesters to provide an itinerary to police ahead of time was struck down by the Quebec Court of Appeal after it ruled that it was arbitrary, excessive and unreasonable. ... [read more]

Tuesday, March 13, 2018 @ 8:54 AM

Why we need an Anti-#MeToo movement | Laurelly Dale

An interview with criminal defence counsel and feminist Angela Chaisson was published in The Lawyer’s Daily on March 1. In it, she calls for the legal profession to have its own #MeToo movement. Changing behaviour and process is difficult. I commend the #MeToo movement for cultivating a culture of intolerance; however, it has deprived those accused of a fair process and presumption of innocence. Important safeguards are being washed away at its expense. ... [read more]

Wednesday, March 07, 2018 @ 6:56 AM - Last Updated: Wednesday, March 07, 2018 @ 3:46 PM

Joyal says impaired driving bill violates Charter, is ‘full of holes’; Senators worried Bill C-46 will overburden courts Serge Joyal

The Trudeau government’s proposed alcohol-and drug-impaired driving legislation violates the Charter and will clog already overburdened courts with Charter challenges from coast to coast to coast, says Senate Liberal Serge Joyal, the influential chair of the red chamber’s Legal and Constitutional Affairs Committee. ... [read more]

Tuesday, February 27, 2018 @ 1:42 PM

Acquittal of alleged mobsters due to improper wiretap a lesson for police

Two alleged Montreal Mafia leaders were acquitted of gangsterism and drug trafficking charges after the Quebec Superior Court excluded wiretap evidence gathered by a joint police task force because they failed to put in place sufficient measures to prevent the interception of conversations between lawyers and clients. ... [read more]

Friday, February 23, 2018 @ 3:57 PM

Sleeper SCC ruling on defective police cautions will spark new defence bids to exclude evidence Russell Brown

A sleeper Supreme Court judgment that recently threw out a man’s sexual assault conviction because Edmonton police elicited an inculpatory statement from him using a flawed standard caution will generate defence bids to exclude similarly tainted evidence in Alberta, Ontario and any other jurisdictions which also have constitutionally defective standard police cautions, predicts the Edmonton defence counsel who won the case. ... [read more]

Friday, February 23, 2018 @ 12:20 PM

Shock, disappointment over federal appeal of B.C. solitary confinement decision Debra Parkes, UBC Peter A. Allard School of Law

The federal government has announced it is going to appeal a B.C. Supreme Court ruling that solitary confinement is unconstitutional, a decision that legal experts are calling disappointing in that it will lead to delay in making changes to a practice that has been called into question at multiple levels of court. ... [read more]

Thursday, February 22, 2018 @ 2:42 PM

Timely justice in Nunavut starts with Ottawa, says lawyer James_Morton_sm

If there is going to be timely justice in Canada’s North, Ottawa must open its wallet. This is the view of at least one criminal lawyer following a Nunavut judge’s passionate dressing down of time limits set out by the Supreme Court of Canada when it comes to cutting down delay in criminal proceedings. ... [read more]

Thursday, February 22, 2018 @ 1:15 PM

Panel debates Jordan, Charter breaches Paul Zambonini, Kim Schofield, and Kent Roach

Despite its bright lines about timelines, the R. v. Jordan 2016 SCC 27 decision has created murkiness about seriousness and exceptionality, not to mention stays and alternative Charter remedies. ... [read more]