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Wednesday, January 17, 2018 @ 12:36 PM

Union urges Ontario to reverse course on municipalities’ prosecution legislation

The president of the Ontario Public Service Employees Union (OPSEU) is calling on Ontario’s premier to reverse a section of legislation that allows the provincial government to pass off the prosecution of serious non-criminal offences to municipalities. ... [read more]

Wednesday, January 17, 2018 @ 11:29 AM

Bar complains of long delays in naming federal judges; justice minister says record number appointed in 2017 Jody Wilson-Raybould

The Trudeau government’s chronic failure to name judges on time has renewed complaints from the Canadian Bar Association (CBA), which is demanding a speedy fix for the persistent appointment delays, along with an explanation from Ottawa for why it takes so long to fill judicial vacancies that are forecast months ahead. ... [read more]

Wednesday, January 17, 2018 @ 9:45 AM

Sexual assault in spousal relationships: The right to say no

The issue of sexual assault is becoming increasingly visible in Canadian society and beyond. While the magnitude of sexual assault in women’s lives is becoming more apparent, the fact that it is often a reality for women in intimate and marital relationships is less evident and less often acknowledged. ... [read more]

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]