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Friday, September 21, 2018 @ 2:16 PM

Group urges better strategies to address plight of criminal defendants with dementia

Sept. 21 is World Alzheimer’s Day. To mark the occasion, the Dementia Justice Society of Canada has launched its Strategy Tracker, an annual update that monitors national and subnational dementia strategies in Canada and across the globe to track whether they address the plight of criminal defendants with dementia — an often forgotten and overlooked population. ... [read more]

Thursday, September 20, 2018 @ 2:15 PM

CMAC strikes down key provision of National Defence Act for violating military members’ Charter right to jury trial Jean-Bruno Cloutier

In a legal earthquake for the military justice system, the Court Martial Appeal Court of Canada (CMAC) has split 2-1 to strike down s. 130(1)(a) of the National Defence Act (NDA) because the majority held that the provision — which deems Criminal Code offences committed in Canada by military members to be “service offences” — deprives military accused of their Charter s. 11(f) right to trial by jury. ... [read more]

Tuesday, September 18, 2018 @ 12:46 PM

Risks of intimate partner homicide to lawyers, mediators, clients and families businessmanmurder_sm.jpg

It is a fact that many more women die by the hand of their intimate partner than by any other means. There were 18 women killed and two men killed in Canada from January to April 2018 by their intimate partners, making a mockery of the words “I love you” and “to love, honour and cherish.” ... [read more]

Tuesday, September 18, 2018 @ 11:14 AM - Last Updated: Wednesday, September 19, 2018 @ 2:08 PM

Legal regulators, law groups slam proposed restrictions on agents in summary offence courts, urge fix to Bill C-75 flaws Malcolm_Mercer

Legal regulators, law clinics and bar groups are urging Parliament to make major changes to the Trudeau government’s sweeping package of proposed Criminal Code reforms (Bill C-75). From Sept. 17 to 19, MPs on the Commons Justice Committee are hearing from a parade of legal witnesses about the omnibus bill that would divert thousands of administration of justice offences from trial; restrict the use of preliminary inquiries; streamline the bail system; eliminate peremptory challenges in jury selection; and convert 136 indictable offences into hybrid crimes, among other things. ... [read more]

Tuesday, September 18, 2018 @ 9:31 AM

Search and seizure of electronic data: too much of a good thing data_security_sm

Seizures of electronic data have become the equivalent of trying to catch trophy fish using bottom trawling nets. Like large, weighted fishing nets dragged across the seafloor, unselectively scooping up everything in their path, seizures of data invariably and easily net their own form of digital bycatch. ... [read more]

Monday, September 17, 2018 @ 9:33 AM

EVIDENCE - Methods of proof - Circumstantial evidence

Appeal by the accused from conviction and sentence for theft under $5,000. ... [read more]

Friday, September 14, 2018 @ 3:44 PM

Ontario sued for $32 million-plus for alleged wrongful retention of exonerated suspects’ DNA test results Kirk Baert

A prominent class action law firm is suing the Ontario government for $32 million-plus, alleging that the government is wrongfully retaining — rather than destroying — DNA test results in the Ontario Centre of Forensic Sciences that were obtained from potential suspects who were exonerated by the DNA samples they volunteered to give police during criminal investigations during the past 18 years. ... [read more]

Friday, September 14, 2018 @ 10:15 AM

Public Prosecution Service hires new deputy director

The Director of Public Prosecutions, Kathleen Roussel, announced on Sept. 13 that the governor-in-council has appointed David Antonyshyn as the Public Prosecution Service of Canada’s new deputy director of Public Prosecutions effective Nov. 1. ... [read more]

Friday, September 14, 2018 @ 8:38 AM

SENTENCING - Particular sanctions - Imprisonment

Appeal by the accused from sentence of seven and one-half years’ imprisonment for criminal negligence causing death, failing to stop at the scene of an accident, and theft of a motor vehicle. ... [read more]

Thursday, September 13, 2018 @ 8:38 AM

CONSTITUTIONAL ISSUES - Legal rights - Trial within a reasonable time

Appeal by the Crown from the stay of proceedings granted to the respondent Klassen. ... [read more]