Focus On

Criminal

Latest

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

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

Civil rights groups seek first-ever Supreme Court ruling on constitutionality of solitary confinement Jessica Magonet

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

Court ‘quite clear’ that questioning accused on motivation to fabricate is ‘inappropriate,’ counsel says Mark Halfyard 2019 sm

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

SENTENCING - Possession of property obtained by crime over $5,000 - Fines - Forfeiture

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

Offenders ‘generally’ don’t have to repay crime proceeds that were authorized to be spent on legal defence: SCC Sheilah Martin

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 offences could send message, lawyer says Anne_Marie_McElroy_sm

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

Two new judges for Ontario Court of Justice

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

Concerns regarding proposed amendments to Nova Scotia Fatality Investigations Act manindarkcell

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

CRIMINAL CODE OFFENCES - Homicide - First degree murder

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

Quebec Appeal Court provides guidance on constructive first-degree murder Julien Grégoire

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]