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Friday, February 22, 2019 @ 12:35 PM

Bissonnette case spurs legal debate over consecutive sentences Lisa Silver

Hours after Toronto serial killer Bruce McArthur was sentenced to eight concurrent life sentences with no possibility of parole for 25 years, a Quebec judge sparked further legal debate over consecutive life sentences in Canada after he took the “unusual” decision to amend the Criminal Code and sentenced Quebec City mosque killer Alexandre Bissonnette to life in prison with no chance of parole for 40 years, according to criminal law experts. ... [read more]

Friday, February 22, 2019 @ 9:18 AM

No ‘inappropriate’ pressure in SNC-Lavalin case: Wernick; Lametti says AG independent but ‘not an island’ David lametti

Canada’s top civil servant says that, in his view, no “inappropriate pressure” was ever exerted by the Prime Minister’s Office (PMO) on the former attorney general of Canada to shelve a criminal fraud prosecution of SNC-Lavalin in favour of a deferred prosecution agreement (DPA) — although Clerk of the Privy Council Michael Wernick predicted that Jody Wilson-Raybould will nevertheless publicly “express concern” next week about her interactions with the PMO in the SNC-Lavalin matter. ... [read more]

Thursday, February 21, 2019 @ 1:22 PM

Some problems with mandatory pro bono | Scott Reid

In a recent interview with The Lawyer’s Daily, Chief Justice of Canada Richard Wagner announced that to reduce delay and backlog “lawyers realize that they have to do something also, pro bono work, for instance.” Allow me to be blunt for a moment. The chief justice is, respectfully, out of touch if this is his solution. ... [read more]

Thursday, February 21, 2019 @ 11:45 AM

Problems with judge’s answer to jury prompts new trial in B.C. murder case

In trials dealing with serious criminal charges, the words in a judge’s jury instructions are as important as the actions jurors are asked to consider in determining the degree of culpability of an accused, as a recent British Columbia Court of Appeal ruling revealed. In R. v. Williams 2019 BCCA 49, a three-judge panel of the appellate court ordered a new trial for Kenneth Bryson Williams, who was convicted by a jury of second-degree murder on Nov. 3, 2016 ... [read more]

Thursday, February 21, 2019 @ 9:50 AM

Chief justice’s remarks spark debate over mandatory pro bono for lawyers  Raymond Adlington

Canadian Bar Association (CBA) president Raymond Adlington says he does not agree with Chief Justice of Canada Richard Wagner that it would be “very good” if lawyers were required to do some free legal work in order to help alleviate court backlogs and improve the public’s access to justice. ... [read more]

Thursday, February 21, 2019 @ 8:32 AM

EXTRAORDINARY REMEDIES - Certiorari

Appeal by McGuigan from a certiorari order quashing a disclosure order. ... [read more]

Wednesday, February 20, 2019 @ 12:25 PM

No jail in case of alcohol-induced psychosis shows ‘flexibility’ of courts, says lawyer Mark_Knox_sm

An Appeal Court’s decision to spare a remorseful university student jail time for barging into strangers’ apartments while in a violent state of drunken delirium underlines the importance of restorative justice for exceptional circumstances, says a lawyer. ... [read more]

Wednesday, February 20, 2019 @ 8:00 AM

CONTROLLED DRUGS AND SUBSTANCES - Constructive possession

Appeal by the accused, Brown, from a conviction for multiple counts of possession for the purpose of trafficking. ... [read more]

Wednesday, February 20, 2019 @ 7:59 AM

OFFENCES AND ENFORCEMENT - Human smuggling and trafficking

Appeal by the Crown from stay of proceedings granted to the respondents pursuant to their s. 11(b) Charter application. ... [read more]

Tuesday, February 19, 2019 @ 1:53 PM

Real shame of Lavalin affair | Sam Goldstein

A deferred prosecution agreement (DPA), or as the Canadian Criminal Code refers to it — remedial agreement — is an agreement entered between a prosecutor and a company alleged to have engaged in fraudulent behaviour. The effect of the DPA is to suspend a criminal proceeding while the company simultaneously denounces its behaviour by paying out financial restitution, adopting remedial measures or enhanced reporting requirements, or allowing third-party oversight. The Crown’s side of the agreement is that it withdraws or stays charges. ... [read more]