Focus On

Criminal

Latest

Monday, August 10, 2020 @ 11:22 AM

Sentencing raises issue of intimate partner’s position of trust, control manandwomanmarionette.jpg

Murder is one of the only convictions in Canada which gives a judge an option of determining parole ineligibility. Sentencing is a process that is individualized to the offence and the offender. ... [read more]

Monday, August 10, 2020 @ 9:35 AM

Church’s vicarious liability in Mount Cashel abuse scandal transcends religion, says lawyer Eugene_Meehan_sm

A Newfoundland court’s finding that the Archdiocese of St. John’s is vicariously liable for historical sexual abuse at the former Mount Cashel orphanage should be a warning to entities controlling lower institutions that there is a “continuing legal responsibility” to protect others, says a lawyer involved. ... [read more]

Monday, August 10, 2020 @ 9:06 AM

EVIDENCE - Admissibility - Hearsay rule - Exceptions - Necessary and reliable evidence

Appeal by the accused from conviction and sentence for second-degree murder. The appellant stabbed his intimate partner to death in her own home after he discovered she wanted to end the relationship. ... [read more]

Friday, August 07, 2020 @ 2:24 PM

What executors can learn from Quadriga: Starting point in discovery forensic_accountant_sm

If the world of crypto didn’t already have enough mystery along with a spectrum of oddball characters, here is another sordid tale. Canada is the setting for the saga, and not only did the intrigue catch the eye of the financial sector, government and regulatory bodies, it also grabbed the attention of the estate planning community. ... [read more]

Friday, August 07, 2020 @ 2:16 PM

What happens to chair of the bored | Marcel Strigberger

Our courts saw the sentencing recently of Marcella Zoia, who in February 2019 tossed a chair from her balcony 45 floors down on to Toronto’s Gardiner Expressway. Dubbed, “Chair Girl,” she pleaded guilty to mischief endangering life and was fined $2,000 and sentenced to two years probation, including 150 hours of community service. ... [read more]

Friday, August 07, 2020 @ 10:33 AM

Exploitation law review requires voices of experience | Naomi Sayers

In 2014, the Conservative government passed the Protection of Communities and Exploited Persons Act which came into force on Dec. 6 later that year. The Act called for a five-year review since coming into force or by December 2019. To date, no review or attempts to review the Act has taken place. ... [read more]

Friday, August 07, 2020 @ 6:11 AM

EVIDENCE - Disclosure of records of complainant or witness to accused

Appeal by Morton from his convictions for criminal harassment, bribery, breach of trust and unauthorized use of a computer. The appellant and two co-accused, McNish and Braile, worked for a private security company while they were also police officers. ... [read more]

Thursday, August 06, 2020 @ 1:03 PM

Brampton bail case elicits irresponsible approach to bail reform Prisoners

In July, Darian Hailey Henderson-Bellman died after a shooting in a Brampton home. A man with whom she had been in a relationship, Darnell Reid, was rushed to hospital with critical injuries and has been charged with second-degree murder. ... [read more]

Wednesday, August 05, 2020 @ 9:24 AM

PROCEDURE - Trials

Application by the Crown to have the matter tried over the Zoom platform. The application arose in the context of the COVID-19 pandemic. The accused was charged with sexual assault. ... [read more]

Tuesday, August 04, 2020 @ 2:34 PM

Some conditional sentence restrictions struck down in first successful Charter challenge Nader Hasan sm

A precedent-setting Ontario Court of Appeal decision striking down some restrictions on conditional sentences appears to open the way again for Charter challenges based on section 15 equality rights, says the lawyer who represented the successful appellant. ... [read more]