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Friday, December 07, 2018 @ 8:48 AM

Feds’ limiting of HIV prosecutions heartening, but provinces must follow suit, lawyers say Daniel_Brown_sm

Criminal lawyers are calling on the provinces to adopt Ottawa's recent guidelines limiting criminal prosecutions of HIV non-disclosure. On Dec. 1 Justice Minister Jody Wilson-Raybould marked the 30th anniversary of World AIDS Day by issuing a set of directives to federal Crowns to limit what many advocates have called unjust criminal prosecutions of those with HIV. ... [read more]

Thursday, December 06, 2018 @ 2:27 PM - Last Updated: Friday, December 07, 2018 @ 8:23 AM

Defence efforts to rebut presumptions in support of breathalyzer results require more than speculation, conjecture: SCC Justice Richard Wagner

In a judgment of note in thousands of drinking and driving cases across Canada, the Supreme Court has clarified the nature and scope of the evidence that an accused must adduce to rebut the presumptions of accuracy and identity applicable to breathalyzer test results under s. 258(1)(c) of the Criminal Code. ... [read more]

Thursday, December 06, 2018 @ 12:51 PM

MOTOR VEHICLES - Impaired driving or driving over the legal limit - Breathalyzer or blood sample demand

Appeal by the Crown from a judgment of the Quebec Court of Appeal reversing a decision that set aside Cyr-Langlois’s acquittal on a charge of operating a motor vehicle with a blood alcohol level exceeding 80 mg of alcohol in 100 ml of blood. ... [read more]

Thursday, December 06, 2018 @ 9:26 AM

Stay of proceedings in miscarriage of justice case should have been acquittal, says lawyer James_Lockyer_sm

An appeal court’s quashing of an accused drug dealer’s decades-old murder conviction, the denying of an acquittal and the staying of a new trial due to the concealment of key evidence does not “say good things” about Canada’s justice system, says a defence lawyer in the case. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Tuesday, December 04, 2018 @ 12:06 PM

Plague of sexual misconduct in military can’t be solved internally | Colonel-Maitre Michel Drapeau

For the past two decades, the military has received several warnings about the deep-seated crisis of rampant sexual misconduct in its ranks. A few months after the 1997 publication of Dishonored Legacy, a report which addressed the lessons of the Somalia Affair under the themes of leadership and discipline failures, alleged cover-up by the chain of command and a lack of accountability, the media alerted the public to this toxic matter. MacLean’s magazine published four cover stories in 1998 under such titles such as: “Rape in the Military”; “Of Rape and Justice”; and “Speaking Out.” ... [read more]

Tuesday, December 04, 2018 @ 8:41 AM

APPEALS - Grounds - Miscarriage of justice

Appeal by the accused, Reddick, from convictions for aggravated assault and possession of a weapon, a cane, for a dangerous purpose. ... [read more]

Tuesday, December 04, 2018 @ 8:39 AM

ELEMENTS OF THE OFFENCE - Mens rea - Insanity or mental disorder

Trial of the accused charged with several offences including breach of a peace bond. ... [read more]

Monday, December 03, 2018 @ 9:54 AM

SENTENCING - Sentencing considerations - Deportation

Appeal by the Crown from a sentence of five months and 25 days’ imprisonment for flight from police, uttering threats and failing to comply with a recognizance. ... [read more]

Friday, November 30, 2018 @ 6:01 PM - Last Updated: Monday, December 03, 2018 @ 3:03 PM

SCC tweaks rules for requiring journalistic materials to be produced to police in aid of criminal investigations Michael Moldaver

The Supreme Court has split 5-4 to reject journalists’ pleas to make it harder for courts to order media to produce their private journalistic material to police in aid of criminal investigations — including refusing to require that production orders must be a last resort to be used against media only when alternative sources for the information are not available. ... [read more]