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Criminal

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Monday, August 21, 2017 @ 12:36 PM

Quebec Court of Appeal awards protesters $2,000 in damages for prolonged detention Julius Grey

Two protesters who occupied a public square in downtown Montreal won a partial victory after the Quebec Court of Appeal awarded them $2,000 each for moral and material loss because the police no longer had reason to keep them handcuffed and detained in the back of a police car to drive them to another part of the city. ... [read more]

Monday, August 21, 2017 @ 11:38 AM

EVIDENCE - Methods of proof - Scientific evidence - DNA

Application by Tallio for an extension of time to appeal from his 1983 second degree murder conviction. ... [read more]

Friday, August 18, 2017 @ 11:38 AM

CBA questions proposal to lower blood alcohol concentration level Ian Carter sm

The Canadian Bar Association’s Criminal Justice Section has grave concerns over Justice Minister Jody Wilson-Raybould’s proposal to lower the blood alcohol concentration (BAC) for drivers from 80 milligrams to 50 milligrams per 100 millilitres of blood. ... [read more]

Friday, August 18, 2017 @ 08:47 AM

APPEALS - Grounds - Misapprehension of or failure to consider evidence - Unreasonable verdict - Powers of appellate court - New trial

Appeal by the accused from his convictions of first degree murder. ... [read more]

Friday, August 18, 2017 @ 07:28 AM

Mental health group urges zero tolerance in vehicles, minimum age of 19 to buy pot

Experts are divided on the correct approach to the legalization of cannabis after a mental health advocacy organization released a report calling for the government of Ontario to take a number of steps to ensure reductions in the health risks and harm of making the drug legal. ... [read more]

Thursday, August 17, 2017 @ 11:25 AM

Acquittal doesn't excuse police behaviour | Clayton Ruby and Annamaria Enenajor

In R. v. Leslie Nyznik, Sameer Kara and Joshua Cabero, three Toronto police officers were acquitted based upon Justice Anne Molloy’s inability to be certain that the complainant was reliable and credible in her account of the absence of consent. Nonetheless, if you have that “icky” feeling about this case from the conduct of these three off-duty 51 Division officers, it is understandable. ... [read more]

Wednesday, August 16, 2017 @ 10:46 AM

Access to Justice: New book will spark deep debate about the meaning, causes of injustice | Thomas Cromwell

Will we recognize injustice when we see it? And what is injustice anyway? In his new book: Broken Scales: Reflections on Injustice (American Bar Association, 2017) Joel Cohen, with the assistance of Dale Degenshein, leads us on a course of reflection about these questions in a collection of interviews that present us with the consequences of clear injustices or challenge us to think more deeply about what injustice is. ... [read more]

Wednesday, August 16, 2017 @ 10:13 AM

CRIMINAL CODE OFFENCES - Fraudulent transactions relating to contracts and trade - Fraud over $5,000

Appeal by Dieckmann and Salmon from conviction and sentence for charges of fraud over $5,000. Dieckmann was charged with seven counts of fraud over $5,000 and Salmon was charged with one count of fraud over $5,000. ... [read more]

Monday, August 14, 2017 @ 01:42 PM

Increased snooping powers of police could have chilling effect on rights, book warns

As John Anderton in the blockbuster film Minority Report, Tom Cruise purposefully and passionately tracked down criminals — before they committed a crime. Holding people accountable by “developing opaque and flexible techniques in the arena of criminal investigation,” however, is not the stuff of science fiction, three Canadian lawyers argue in their new book. ... [read more]

Monday, August 14, 2017 @ 12:20 PM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused - Voluntariness

Appeal by the accused, Kelly, from a conviction for first degree murder. In 2000, the accused reported his common law spouse missing. In 2004, her body was found by land surveyors in a remote wooded area. An autopsy revealed she died from a single .22-calibre gunshot wound to the back of the head. ... [read more]