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Criminal

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Thursday, May 24, 2018 @ 8:26 AM

EVIDENCE - Methods of proof - Identification

Appeal by the Crown from the acquittal of the accused, Downey, of offences related to a home invasion shooting. ... [read more]

Wednesday, May 23, 2018 @ 2:22 PM

Criminal and youth lawyers worried about new Toronto ‘mega’ court Courthouse

A new courthouse being built in downtown Toronto is raising concerns in the legal community, and is especially troubling to defence lawyers and young offender advocates. The facility, which will be located at 11 Centre Avenue — a site owned by the province and located just to the north of Toronto City Hall — has a price tag of approximately $956.4 million and is being developed to be a “mega” court. ... [read more]

Wednesday, May 23, 2018 @ 8:57 AM

A look inside drug treatment courts, by those who know | Lorne Sabsay

Friesen Press has recently published a book, People, Places and Things: Inspirational Voices from Canada's Drug Treatment Courts, edited by Justice Kofi Barnes. The book is a series of writings from various participants in drug treatment courts (DTCs) including the judges, the treatment providers and the defendant participants. It gives us tremendous insight into what goes on in DTCs and what they are really all about. The insight comes not from studies; not from statistics; not from numbers; the insight comes from real people talking about their real experience in Canada’s DTCs. ... [read more]

Tuesday, May 22, 2018 @ 1:05 PM

Bill C-75: Erasing due process one amendment at a time cartoonladyjustice_cm.jpg

Bill C-75 comes on the heels of Bill C-51, the government’s response to R. v. Ghomeshi [2016] O.J. No. 1487.  Like the fundamental flaws found in Bill C-51, this bill was cobbled together with little to no research regarding trial fairness and due process. If passed, the Charter rights that Prime Minister Justin Trudeau’s father worked so hard to enshrine will be erased one amendment at a time. Due process is eliminated through four major amendments in Bill C-75. ... [read more]

Friday, May 18, 2018 @ 10:38 AM

New acting chief judge for British Columbia provincial court

A former associate judge is now the acting chief judge of the provincial court of British Columbia. ... [read more]

Friday, May 18, 2018 @ 8:36 AM

PROCEDURE - Pleas - Setting aside guilty plea

Applications by the accused to extend the time to appeal his 2015 convictions for assault causing bodily harm and breach of a probation order and for the appointment of counsel to represent him on his appeal from the 2017 convictions for break and enter and assault causing bodily harm. ... [read more]

Friday, May 18, 2018 @ 7:30 AM - Last Updated: Friday, May 18, 2018 @ 10:24 AM

Manitoba man who bombed ex-wife’s lawyer convicted of attempted murder, aggravated assault Maria Mitousis

A disgruntled litigant who targeted two Winnipeg law offices with explosive devices in 2015 and maimed family law lawyer Maria Mitousis with a disguised bomb he sent her anonymously through the mail, has been convicted of attempted murder and aggravated assault. ... [read more]

Thursday, May 17, 2018 @ 3:08 PM

SCC okays limited use of sexual assault complainant’s prior consistent out-of-court statement to police Chief Justice Richard Wagner

The Supreme Court of Canada has affirmed that when a sexual assault complainant’s testimony is challenged for inconsistency with her prior police statements the court can also take into account the consistent elements of her statements to help assess whether the inconsistencies are material or not. ... [read more]

Wednesday, May 16, 2018 @ 11:33 AM

N.L. appeal highlights need for courtroom technology, lawyers say Robert_Currie_sm

Canada’s buttoned-down justice system will continue to be dragged “kicking and screaming into the 21st century,” says a legal scholar following an East Coast appeal favouring a judge who presided over court via video. ... [read more]

Wednesday, May 16, 2018 @ 8:48 AM

Preventing POA misuse: The importance of law reform in Ontario elder_lawyer_sm

In recent years, the importance of having a power of attorney for property in place for estate planning purposes has been emphasized given our aging population, and there has been corresponding growing litigation in the area. Serious concerns have been raised on the accountability of an appointed attorney and the lack of education provided to an attorney before stepping into such role. ... [read more]