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Tuesday, March 02, 2021 @ 9:18 AM

Time to study ‘very serious’ issue of secret evidence use in court, senator says Sen. Marc Gold

A Canadian senator is saying it is overdue for policymakers to look at the rules surrounding the use and disclosure of secret evidence gathered by intelligence agencies like the Canadian Security Intelligence Service (CSIS) in court. ... [read more]

Thursday, February 25, 2021 @ 12:48 PM - Last Updated: Friday, February 26, 2021 @ 9:01 AM

Amended medical assistance in dying bill discriminates against people with disabilities: critics

The federal government has another month to comply with the Quebec Superior Court’s ruling, Truchon c. Procureur général du Canada 2019 QCCS 3792, after the court granted the Attorney General of Canada an extension until March 26 from its previous Feb. 26 deadline — the fourth such request from Ottawa for more time to have Parliament pass Bill C-7. ... [read more]

Wednesday, February 24, 2021 @ 10:00 AM

Alberta argues federal impact assessment law an unconstitutional ‘Trojan horse’

Alberta’s highest court is serving as the latest venue in the fight over the Trudeau government’s environmental agenda this week, as it hears arguments from the province that recent legislation revamping the environmental assessment process for natural resource projects is an unconstitutional intrusion on provincial powers. ... [read more]

Friday, February 19, 2021 @ 3:34 PM

Ottawa proposes legislative changes to repeal some mandatory minimum sentences David Lametti, Justice Minister and Attorney General of Canada

Members of Canada’s criminal law bar are largely welcoming proposed legislative reforms announced by federal Justice Minister David Lametti that would repeal some mandatory minimum sentences for drug and firearm-related offences, make conditional sentence orders more available and encourage greater use of diversion programs. ... [read more]

Friday, February 19, 2021 @ 12:52 PM

Judge denies B.C.’s request for injunction against churches challenging COVID-19 health orders

The chief justice of British Columbia’s Supreme Court has denied the province’s request for an injunction against three churches that have challenged the constitutionality of the province’s public health rules which prohibit in-person religious services. ... [read more]

Friday, February 19, 2021 @ 10:01 AM

No turning back from pandemic’s changes to justice system: CBA report CBA president Brad Regehr

When transmitting the first message to officially open the Baltimore to Washington telegraph line, Samuel Morse included a simple statement: “what hath God wrought?” The same question has likely passed through the minds of many people over the past year as the COVID-19 pandemic shuttered businesses and schools and forced many people into makeshift home offices. Canada’s justice system has not been immune from that change, with trials moving online and lawyers filing their documents electronically. And now the Canadian Bar Association (CBA) says it is time to make many of those changes permanent. ... [read more]

Thursday, February 18, 2021 @ 10:59 AM

B.C. Appeal Court suggests onus on Crown to prove defence delays Tony_Paisana

In dismissing the Crown’s appeal of a stay of proceedings in a case involving a seven-year delay between the time a man was charged and found guilty of sexual assault, the British Columbia Court of Appeal suggested in its Feb. 10 ruling, R. v. Virk 2021 BCCA 58, that the burden of proving defence delays rests with the Crown. ... [read more]

Tuesday, February 16, 2021 @ 1:09 PM

Quebec Civil Code discriminates against trans people, Superior Court rules

Quebec, once on the forefront of trans rights, is now joining the ranks of most Canadian jurisdictions after Quebec Superior Court declared unconstitutional several articles of the Civil Code of Quebec (CCQ) that discriminated against trans and non-binary people. In a long-awaited ruling by trans, non-binary and intersex people, the “critically important” decision affirms that having your identity acknowledged and recognized by the state is a core aspect of the right to equality and the right to dignity, assert legal experts. ... [read more]

Wednesday, February 10, 2021 @ 3:56 PM

Manitoba man with physical disability continues fight to keep income assistance

A Manitoba man on income assistance due to a physical disability is hoping to score another legal victory over provincial social service officials after being given the green light to appeal an order that he apply for old age security early or lose the help he has been receiving. ... [read more]

Wednesday, February 10, 2021 @ 12:50 PM

Possibility of conflict in chief justice’s role as acting governor general limited: legal scholar Mark Walters, Queen’s University

The resignation of Julie Payette as governor general last month after allegations of workplace harassment led to Chief Justice Richard Wagner assuming her powers on an interim basis until a replacement is found. But legal scholars are saying any concerns about potential conflicts of interest between the chief justice seemingly straddling both the executive and judicial branches are fairly minor. ... [read more]