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Friday, June 15, 2018 @ 2:20 PM

We need more lawyers in public office | Laurelly Dale

True, appointing astronauts and morning show hosts adds a unique voice. Everyone has a perspective to add as a cabinet member. The role of the cabinet is to set the policies, laws and priorities for Canada. Becoming a lawyer is a massive undertaking. The government needs to draw on our expertise to weigh in on the legality of their laws. More lawyers are needed in office — either as ministers or consultants. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Wednesday, June 13, 2018 @ 3:14 PM

SCC rules prison service must take all reasonable steps to ensure parole tools valid for Indigenous offenders Justice Richard Wagner

The Supreme Court of Canada has declared 7-2 that the Correctional Service of Canada (CSC) is breaching its statutory obligations by using psychological tools to assess Indigenous offenders’ suitability for parole — without first taking all reasonable steps to ensure that those tools are valid — and not culturally biased — vis-a-vis Indigenous inmates. ... [read more]

Wednesday, June 13, 2018 @ 1:48 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Aboriginal rights - Remedies for denial of rights

Ewert appealed from a judgment of the Federal Court of Appeal setting aside a decision finding Correctional Service of Canada (CSC) had breached its obligation under s. 24(1) of the Corrections and Conditional Release Act (CCRA) and had infringed Ewert’s rights under s. 7 of the Charter. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Wednesday, June 13, 2018 @ 8:17 AM

PROCEDURE - Trials

Appeal by the Provincial Crown from a decision dismissing an application for prerogative relief. ... [read more]

Wednesday, June 13, 2018 @ 8:03 AM

Senate dumps random breath testing, sets stage for showdown with Commons Marc Gold

In a dramatic tie vote, the Senate has removed mandatory alcohol screening (MAS) from the Trudeau government’s impaired driving bill (Bill C-46) — a controversial move pushed for by many lawyers’ groups that also sets the stage for a showdown between the red chamber and the House of Commons. ... [read more]

Tuesday, June 12, 2018 @ 10:39 AM

New ‘use of force’ training in Manitoba means more accountability of officers: expert Michael_Weinrath_sm

A new “use of force” simulation lab in southern Manitoba will help the justice system further evaluate police accountability in high-stakes crisis encounters with the mentally ill, says a scholar. The Use of Force Simulation Lab, developed by the Brandon Police Service (BPS), Manitoba’s government and Assiniboine Community College, uses a life-sized video screen that places trainee officers in various virtual situations. ... [read more]

Tuesday, June 12, 2018 @ 9:20 AM

‘I am nobody’: A lawyer’s experience as a victim in the criminal justice system John_Macfarlane_Greg_Gilhooly_sm

Greg Gilhooly has an impressive list of accomplishments. A graduate of Princeton and the University of Toronto’s law school, he played varsity hockey for both schools and went on to become a successful lawyer and family man. However, he hid a dark secret from the world for many years, one that led him to attempt suicide, to eventually seek help and then become an advocate for reform in the criminal justice system. ... [read more]