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Thursday, October 01, 2020 @ 2:55 PM

When Jordan meets provincial offences, COVID-19 covidandcalendar

The Supreme Court settled many uncertainties regarding the right to a trial within a reasonable time pursuant to s. 11(b) of the Charter of Rights and Freedoms in R. v. Jordan 2016 SCC 27. Ceilings for delay were quantified for the first time. Ceilings for matters proceeding to trial in Superior Court were set at 30 months while matters in proceeding in provincial court were capped at 18 months. ... [read more]

Thursday, October 01, 2020 @ 1:58 PM

Ottawa announces $10 billion in infrastructure funding, reintroduces conversion therapy bill Justin Trudeau

The federal government has announced $10 billion in major infrastructure initiatives as part of its COVID-19 economic recovery plan and has reintroduced a bill which would bring in criminal sanctions around the controversial practice of conversion therapy. ... [read more]

Thursday, October 01, 2020 @ 1:40 PM

Feds name new chief justice of Supreme Court of Yukon

The Prime Minister’s Office on Oct. 1 announced the appointment of Suzanne Duncan, a judge of the Supreme Court of Yukon, as the new chief justice of the Supreme Court of Yukon. ... [read more]

Thursday, October 01, 2020 @ 1:38 PM

Ottawa promotes two jurists, appoints four others in Quebec

The federal Department of Justice (DOJ) on Oct. 1 announced six judicial appointments in the province of Quebec. ... [read more]

Thursday, October 01, 2020 @ 6:12 AM

EVIDENCE - Witnesses - Credibility

Appeal by the accused from conviction for sexual assault. The issue at trial was whether the activity was consensual. The appellant and complainant left a night club after drinking and took a taxi to the complainant’s residence. The appellant alleged consensual sexual activity took place in the taxi. ... [read more]

Tuesday, September 29, 2020 @ 2:18 PM

Appeal Court case shows uneven playing field for unrepresented appellants, say lawyers Christen Cole sm

Faced with a relentless rise in self-represented litigants, two criminal defence lawyers are questioning why the process of obtaining state-funded legal representation for impoverished clients seeking to appeal their convictions remains so difficult — and is often further complicated by the Crown. ... [read more]

Tuesday, September 29, 2020 @ 11:45 AM

Absolute liability: What are the exceptions? Hand receiving cheque

There are circumstances in which the insurer is absolved from any liability to the injured third party. ... [read more]

Tuesday, September 29, 2020 @ 9:33 AM

Lawyer feels ‘vindicated’ by Court of Appeal win over Legal Aid Saskatchewan Valerie Harvey

A criminal defence lawyer who was removed from Legal Aid Saskatchewan’s (LAS) panel of approved practitioners amidst a public row with the agency’s CEO has hailed a Court of Appeal ruling restoring her name to the list. ... [read more]

Tuesday, September 29, 2020 @ 6:22 AM

COMPELLING APPEARANCE, DETENTION AND RELEASE - Arrest - Without a warrant

Appeal by the accused from conviction for possession of a stolen vehicle. The appellant was a passenger in the vehicle. A member of an anti-auto theft program conducted by police at the time located the stolen vehicle three and a half hours after it was stolen from outside the owner’s residence. ... [read more]

Monday, September 28, 2020 @ 1:53 PM

Ambitious throne speech agenda requires concrete action on part of government, observers say Michael Lynk, Western University faculty of law

The Trudeau government’s ambitious throne speech has set out a broad agenda for Ottawa to follow as it continues in its fight against the COVID-19 pandemic, but observers are saying the plan largely avoids specifics and swift action is needed to follow up on what the Liberals are promising. ... [read more]