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Friday, April 28, 2017 @ 07:37 PM

Justice ministers agree on post-Jordan action plan to combat trial delays Subscriber only content Jody Wilson-Raybould

The ministers responsible for justice across Canada pledged to work swiftly and collaboratively to combat trial delays, including proposing or enacting reforms this year to mandatory minimum penalties, preliminary inquiries, bail, administration of justice offences, case management and to reclassify some hybrid offences to promote faster and more efficient prosecutions. ... [read more]

Friday, April 28, 2017 @ 08:30 AM

EXTRAORDINARY REMEDIES - Certiorari Subscriber only content

Appeal by the Canadian Broadcasting Corporation (CBC) and several of its staff members from the dismissal of their certiorari application with respect to a Provincial Court judge’s decision to issue summonses requiring them to answer charges of publishing a defamatory libel and publishing a defamatory libel known to be false. The private prosecution related to an episode of the fifth estate television program about Nygard, a businessman in the fashion industry. The central theme of the episode was that Nygard’s carefully crafted image could be a distortion of reality based on allegations that he frequently mistreated his staff and engaged in sexually inappropriate conduct with his staff and others. Lawyers for Nygard hired an investigator who discovered that the allegations were made as part of a long-standing feud between Nygard and his neighbour in the Bahamas, Bacon. A pre-enquete hearing was held, following which the summonses were issued against CBC and its staff member. They moved, unsuccessfully, for a writ of certiorari to quash the decision to issue the summonses, as they were unable to convince the reviewing judge that the Provincial Court judge committed a jurisdictional error. ... [read more]

Wednesday, April 26, 2017 @ 03:47 PM

LSUC Holocaust Remembrance Day program raises issues of anti-Semitism, freedom of expression Subscriber only content Mark Freiman

When does Holocaust denial become "hate speech?" ... [read more]

Wednesday, April 26, 2017 @ 11:38 AM

Markson inducted into International Academy of Trial Lawyers

... [read more]

Wednesday, April 26, 2017 @ 08:49 AM

Privacy laws struggle with ‘smartphones on wheels’ Subscriber only content WiFi car

In late March 2017, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Senate Committee on Transportation and Communications to discuss some of the privacy issues associated with connected and automated vehicles. Over the past few years, the OPC and other organizations have been studying the privacy concerns surrounding connected and automated cars. However, as of yet, there are no comprehensive policies addressing privacy and modern automobiles. ... [read more]

Tuesday, April 25, 2017 @ 07:33 PM

SCC poised to clarify Jordan, backtracking unlikely Subscriber only content Michael Moldaver

Judges of the Supreme Court of Canada signalled their openness to clarifying how their new Jordan analytical framework for s. 11(b) Charter claims should treat defence delays, as well as criminal cases in the system before Jordan was handed down last July. ... [read more]

Tuesday, April 25, 2017 @ 03:45 PM

Retrial ordered in sex assault case due to judge's errors Subscriber only content Kristin Bailey

The Court of Appeal for Ontario ordered a new trial for a man who was convicted of sexual assault due to errors made by a trial judge in applying Browne v. Dunn. ... [read more]

Tuesday, April 25, 2017 @ 08:45 AM

Legal cannabis and impaired driving on collision course Subscriber only content

As critics have long pointed out, cannabis is demonstrably less harmful, from a both a social and physical health standpoint, than is alcohol, tobacco, and a host of legal prescription medications. Its status as an illegal substance is therefore illogical, unscientific and, to the extent that it remains the most ubiquitous recreational drugs available, futile from a law-enforcement perspective. ... [read more]

Monday, April 24, 2017 @ 05:17 PM

Criminal lawyers closely watching Cody for more guidance on speedy trial right Subscriber only content Michael Crystal

When the Supreme Court of Canada revisits R. v. Jordan for the first time April 25, Crown and defence counsel will be arguing key points that could affect whether the court’s newly robust enforcement of the Charter right to a speedy trial continues full speed ahead, slows down, or takes a sharp U-turn. ... [read more]

Monday, April 24, 2017 @ 02:20 PM

Use of 'inadmissible evidence of conduct' leads to new trial, acquittal Subscriber only content Heather Pringle

The Ontario Court of Appeal, in an April 19 decision, found that a trial judge's use of "inadmissible evidence of conduct" in a drug trafficking case gave "rise to serious concerns about both moral and reasoning prejudice.” The court ordered a new trial for one appellant and acquitted the other appellant. ... [read more]