Criminal

Monday, November 11, 2019 @ 10:41 AM

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Monday, November 11, 2019 @ 9:34 AM

Nearly five months ago, the British Columbia Court of Appeal held that indefinite, prolonged solitary confinement violates prisoners’ rights to life, liberty and security of the person under Charter s. 7, and the B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC), which were involved in that case, now seek a similar finding from the Supreme Court of Canada, which has yet to rule on the constitutionality of administrative segregation. ... [read more]

Friday, November 08, 2019 @ 3:57 PM

The Ontario Court of Appeal has ordered a new trial for a man convicted of sexual interference and invitation to sexual touching, ruling that the trial judge erred by transforming the “absence of a proven motive to fabricate into a proven lack of motive.” Counsel for the appellant said the court is “signalling quite clearly” that it’s inappropriate for the Crown to ask an accused why a complainant “would make up an allegation.” ... [read more]

Friday, November 08, 2019 @ 1:21 PM

Appeal by Rafilovich from a decision of the Ontario Court of Appeal that granted the Prosecution’s application seeking imposition of a fine, rather than forfeiture, in relation to seized funds believed to be the proceeds of crime. ... [read more]

Friday, November 08, 2019 @ 12:40 PM - Last Updated: Friday, November 08, 2019 @ 4:50 PM

In a major win for the defence bar and their clients, the Supreme Court of Canada has ruled 6-3 that sentencing judges generally should not order an offender to repay, by way of fine in lieu of forfeiture, the proceeds of crime that the accused has already spent, with court authorization, on his reasonable legal defence costs. ... [read more]

Friday, November 08, 2019 @ 8:51 AM

Expanding hate crime provisions in the Criminal Code to include offences beyond incitement and promotion could serve as a greater deterrent for those looking to commit hate-based acts of assault, murder and vandalism, says one criminal lawyer. ... [read more]

Thursday, November 07, 2019 @ 1:19 PM

Doug Downey, attorney general of Ontario, has announced the appointment of two new justices to the Ontario Court of Justice, effective Nov. 14, 2019. ... [read more]

Thursday, November 07, 2019 @ 9:20 AM

In August of this year Greg Hiles died while in custody in the East Coast Forensic Hospital (ECFH) in Nova Scotia. He had been determined to be not criminally responsible (NCR), meaning he was indefinitely confined until found to be sufficiently mentally well by the Criminal Review Board. This means Hiles’ release, and the release of anyone found NCR, is dependant upon receiving effective treatment of their underlying mental illness. ... [read more]

Thursday, November 07, 2019 @ 6:25 AM

Appeal by Saleh from his conviction, by a jury at his re-trial, of first degree murder. ... [read more]

Wednesday, November 06, 2019 @ 9:00 AM

A former Canadian Armed Forces soldier found guilty of constructive first-degree murder who argued that the verdict was unreasonable and that the trial judge erred by dismissing his motion for a directed verdict of acquittal lost his case before the Quebec Court of Appeal. ... [read more]