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Tuesday, January 16, 2018 @ 1:14 PM

Appeal Court rules virtual presence in B.C. enough to enforce production order

The B.C. Court of Appeal has overturned a decision on the enforceability of a production order under the Criminal Code, saying U.S.-based Internet company Craigslist’s virtual presence in the province is enough to establish it as a person under the law. ... [read more]

Tuesday, January 16, 2018 @ 11:35 AM

CBA warns of court challenge to Bill C-58 if Ottawa persists with ‘incursions’ on privilege Kerry Simmons

The Canadian Bar Association (CBA) says it will “in all likelihood” go to court to challenge incursions on professional secrecy, if Ottawa proceeds to enact proposed measures that would empower the federal privacy and information commissioners to review legal advice and other privileged communications between legal advisers and their federal government clients. ... [read more]

Tuesday, January 16, 2018 @ 9:27 AM

Newfoundland and Labrador last province to establish stand-alone appeal court Brenda Grimes

The face of the judiciary may look the same in Newfoundland and Labrador, but new legislation has effectively brought the province “up to speed with the rest of Canada,” according to Minister of Justice and Public Safety Andrew Parsons. ... [read more]

Monday, January 15, 2018 @ 12:59 PM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Kidnapping, hostage taking and abduction - Hostage taking

Trial of Ader, charged with unlawfully taking Lindhout hostage in Somalia and conveying threats to kill her with the intention of inducing any other person or government to pay a ransom, contrary to s. 279.1(2) of the Criminal Code. ... [read more]

Friday, January 12, 2018 @ 10:51 AM

New U.S. cannabis directive ‘changing the policy, but not the law’ Robert Solomon, Western University Faculty of Law

Observers are saying the recent decision by U.S. Attorney General Jeff Sessions to end a federal policy of non-interference in states that have legalized cannabis has changed very little in a legal sense, but its practical outcome for Canadians remains uncertain. ... [read more]

Thursday, January 11, 2018 @ 8:54 AM

Surrey Six massacre: The defence lawyer who knew too much confidential_informant_sm

The public is rarely if ever content with the administration of justice. The Surrey Six massacre is known for being one of the most horrific gang killings in Canadian history. The reaction to the stay of proceedings was public outrage. Close to but not quite Ghomeshi level. The judgment is unpopular but just and necessary in a case that came to be defined by confidential informants, police misconduct and trial fairness. ... [read more]

Thursday, January 11, 2018 @ 8:37 AM

SENTENCING - Sexual offences - Particular sanctions - Imprisonment - Conditional sentence - Sentencing considerations - Deterrence - Denunciation - Offences involving breach of trust - Sexual offences against children

Appeal by the Crown from a conditional sentence of 21 months imposed on the respondent for one count of sexual assault, two counts of sexual touching and one count of sexual exploitation relating to historical offences committed against four victims, and from a consecutive sentence of 75 days’ imprisonment imposed on the respondent for a subsequent sexual assault committed more recently on a fifth victim for which a conditional sentence was not available. ... [read more]

Thursday, January 11, 2018 @ 8:19 AM

#MeToo: The importance of increased non-pecuniary damages for sexual abuse | Sandra Kovacs

Most personal injury lawyers’ practices consist of actions seeking damages for injury arising from a fortuitous event, such as a motor vehicle accident. Fewer personal injury lawyers, myself included, are advocates for injury victims of an even more vulnerable kind: those who have suffered harm from an intentional act of sexual violence or exploitation. This area of practice is an important one, particularly since society at large is (finally) acknowledging the harm that sexual violence, harassment and exploitation causes to vulnerable persons, especially women, evidenced by the recent trend of the “#MeToo” movement following the Harvey Weinstein scandal in Hollywood. ... [read more]

Wednesday, January 10, 2018 @ 2:33 PM - Last Updated: Thursday, January 11, 2018 @ 9:21 AM

Alberta judge’s fear of ‘big, dark people’ spotlights ‘systemic racism’ judiciary must combat, lawyers say Kristine Eidsvik

Complaints against Alberta Queen’s Bench Justice Kristine Eidsvik, who reportedly expressed her discomfort about entering a room in the presence of “big dark people,” have spotlighted issues of racial bias in the judiciary — and what the judiciary should do about it, racialized lawyers say. ... [read more]

Tuesday, January 09, 2018 @ 2:13 PM

Low fine collection by securities regulators not due to lax enforcement, observers say W. Fraser McDonald, Allen McDonald Swartz LLP

Over the past few months, there has been increasing focus on provincial securities regulators and their records of collecting fines from individuals convicted of securities fraud. Politicians and the media alike have called out the regulators for not adequately enforcing the fines they have levied. ... [read more]