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Thursday, July 11, 2019 @ 1:02 PM

Nova Scotia appoints new chief Crown attorney of appeals, special prosecutions

The Nova Scotia Public Prosecution Service announced that Mark Scott has been appointed chief Crown attorney of appeals and special prosecutions. ... [read more]

Thursday, July 11, 2019 @ 11:52 AM - Last Updated: Monday, July 15, 2019 @ 1:06 PM

Upside to Legal Aid Ontario changes | Sam Goldstein

Changes to how Legal Aid Ontario (LAO) pays for bail hearings is an improvement to access to justice in Ontario. ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]

Thursday, July 11, 2019 @ 8:41 AM

EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE

Appeal by Viscomi from an order of committal for extradition and for judicial review of an order of surrender by the Minister of Justice. ... [read more]

Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]

Wednesday, July 10, 2019 @ 11:25 AM

‘Targeted’ traffic safety stop violated man’s constitutional rights: Alberta judge

An Alberta Court of Queen’s Bench judge has overturned the conviction of a man who was found to have breached his probation during a traffic stop, ruling his right not to be arbitrarily detained was violated because the stop went beyond what was allowable under provincial traffic laws. Illay Mohamed had been detained as part of a “proactive patrol” in an area of Edmonton known for high rates of property crime. ... [read more]

Tuesday, July 09, 2019 @ 1:49 PM

Pros, cons of making cannabis record suspension automatic Manlookingoutkeytofreedom.jpg

Legalization of cannabis has left those with past cannabis possession charges in an unfair situation. There have been numerous attempts to address this issue. Recently, the government of Canada introduced Bill C-93 which proposes to allow Canadians who have been previously convicted only of simple cannabis possession to apply for a record suspension with no application fee or wait period, once their sentence has been served. Moreover, there have been discussions if cannabis record suspension can be made automatic. ... [read more]

Tuesday, July 09, 2019 @ 12:36 PM

Ontario court holds that consensual sex vitiated by fraud is sexual assault

Having unprotected sex when consent for sexual activity is negated by fraud amounts to sexual assault, according to a recent ruling by the Ontario Superior Court of Justice. In R. v. Rivera 2019 ONSC 3918, Justice Nathalie Champagne concluded that Anibal Rivera led the complainant, identified as C.M., to believe that he would wear a condom “as he had previously agreed … and at the last minute … penetrated her without a condom telling her it would be OK,” she wrote in her three-page ruling ... [read more]

Tuesday, July 09, 2019 @ 9:26 AM

Halfway through 2019, SCC more divided than ever as nine judges fracture in 82 per cent of cases The Lawyer's Daily exclusive

The Supreme Court of Canada is dividing more on the outcomes and reasons of appeals than ever in recent memory, with a record low 18 per cent unanimity rate so far in 2019, an analysis by The Lawyer’s Daily discloses. As of the Supreme Court’s latest decision on July 5, this year the top court has divided on the results of the cases, and/or on the judges’ reasons (via concurring opinions) in 18 of 22 judgments. ... [read more]

Monday, July 08, 2019 @ 11:41 AM

Creators of novel Gladue database hope it becomes widely used after free access Melanie_Hodges_Neufeld_sm

A database for researching Gladue principles in Saskatchewan is now free and open to all, and those behind the first-of-its-kind initiative are hoping such a thing will catch on in other jurisdictions. ... [read more]