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Tuesday, July 17, 2018 @ 9:05 AM

More legal headaches over Step 6 of Garofoli twoguys

Step 6 of R. v. Garofoli [1990] 2 S.C.R. 1421 is a controversial application where there is a need to strike a balance between the conflicting interests of law enforcement and informer privilege while adhering to the principle of fundamental justice in ensuring the accused’s right to full answer and defence which will inevitably result in a challenge less direct than it otherwise could be. ... [read more]

Tuesday, July 17, 2018 @ 8:49 AM

The law of abortion access: What Ireland can teach Canada | Jennifer Taylor

On May 25, 2018, Ireland voted by referendum to repeal the eighth amendment of the Irish Constitution, which had prohibited abortion in the country Referenda are not foreign to Canadians by any stretch, but the Irish notion of putting individual rights and freedoms to a popular vote might seem antithetical here, in light of the Charter. As Justice Rowe recently asked in Law Society of British Columbia v. Trinity Western University 2018 SCC 32, “Is not one of the purposes of the Charter to protect against the tyranny of the majority?” ... [read more]

Monday, July 16, 2018 @ 1:21 PM

N.S. court rules stress from workplace investigation not eligible for workers’ compensation claim

Clarifying when workers’ compensation does not cover post-traumatic stress was the focus of a failed appeal by a Maritime police officer claiming harm from being criticized for the death of a woman in custody. The Nova Scotia Court of Appeal, in the July 6 decision of Henderson v. Nova Scotia (Workers’ Compensation Appeals Tribunal) 2018 NSCA 59, upheld a tribunal’s denial of a claim by Truro Police Service supervisor Sterling Lee Henderson, who was in command when an intoxicated Victoria Rose Paul suffered a fatal stroke while in lockup. ... [read more]

Monday, July 16, 2018 @ 9:33 AM

Ontario Human Rights Commission tackles segregation, police profiling in annual report Renu Mandhane sm

Addressing human rights concerns may be challenging, but “discrimination is too costly to ignore” writes Renu Mandhane, the chief commissioner of the Ontario Human Rights Commission (OHRC), in the organization’s recently released annual report. The 2017-2018 report released on July 10, covers issues the commission has been working on over the past year and highlights future concerns for the province in areas ranging from criminal justice to children’s aid. ... [read more]

Monday, July 16, 2018 @ 9:13 AM

The importance of parsing the process of dying lifesupport_sm.jpg

TV and movies make us think that death happens in a precise moment. A person takes their last breath and collapses, and just like that, they are gone. It should come as no surprise that the entertainment industry does not always portray medical issues accurately. (I was recently fascinated to learn that not all stabbing and shooting victims bleed much externally). ... [read more]

Friday, July 13, 2018 @ 10:00 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Inferences of guilt

Appeal by the accused, McLellan, from a conviction for first degree murder, and by the accused, Mullen, from a conviction for second degree murder. ... [read more]

Friday, July 13, 2018 @ 9:26 AM

Lawyer hopeful recommendations will improve Saskatchewan’s coroner’s office Aaron_Fox_sm

A prominent Saskatchewan lawyer is lauding a call for more money and additional staff to speed up that province’s sluggish coroner’s office. Lawyer Aaron Fox is hoping recommendations in former police chief Clive Weighill’s external review of Saskatchewan’s Office of the Chief Coroner ­— if put into action — will help lawyers and their clients get timelier cause-of-death information. Weighill’s report, commissioned by Saskatchewan’s Ministry of Justice last year and released June 20, makes 44 recommendations for a system criticized as lacking depth, thoroughness and speed. ... [read more]

Thursday, July 12, 2018 @ 10:53 AM

Why Saskatchewan hockey crash case could be bellwether saskmap_sm.jpg

The tragic crash involving the Humboldt Broncos hockey team is something that touched the national subconscious. Given the profile of this crash, it is not at all surprising that police took significant time and care to conduct their investigation. Driving charges cover a spectrum from regulatory offences to criminal matters. There is no bright shining line between offences and they overlap. For the criminal charge of dangerous driving, the test to be considered is whether the driver was operating a motor vehicle in a manner which was a “marked departure from the norm.” ... [read more]

Wednesday, July 11, 2018 @ 12:58 PM

How to detect and deter cannabis use in the workplace guyatdeskwipingeyes_sm.jpg

Since the federal government’s legalization of recreational cannabis, set for October 2018, employers, employees and just about everyone have been concerned with the way that the heavily used drug will be regulated in the workplace. And the solution: implementation of a “smoke-free” environment and the reinforcement of an employer’s duty to keep a safe workplace. ... [read more]

Wednesday, July 11, 2018 @ 9:31 AM

B.C. Appeal Court decision offers key guidance on presumably inadmissable statements: lawyer Tony Paisana, Peck and Company

The B.C. Court of Appeal has ordered a new trial for a man who claimed self-defence after shooting an acquaintance at a wedding, with the man’s lawyer saying the decision represents an important contribution to the emerging law surrounding the “narrative as exceptional circumstance” exception to admitting putatively inadmissible evidence. ... [read more]