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Wednesday, July 21, 2021 @ 8:32 AM

Offenders should be ‘sentenced based on factual determinations, not contingencies,’ court rules

The Ontario Court of Appeal has reduced a sentence for manslaughter in a decision that alerts the bench not to make its own “factual determination” if a jury’s “pathway to conviction [is] ambiguous.” ... [read more]

Tuesday, July 20, 2021 @ 8:45 AM

Reforming partial defence of provocation in Canada Man facing away from woman

The highly controversial partial defence of provocation was introduced into the Criminal Code of Canada in 1892, with Canada inheriting it from Britain. The partial defence functions differently from other defences because it is not a full acquittal for murder. Instead, it reduces a murder conviction to manslaughter for individuals provoked by a “wrongful act or insult” adequate to “deprive an ordinary person of the power of self-control.” ... [read more]

Monday, July 19, 2021 @ 9:25 AM

SENTENCING - Manslaughter - Particular sanctions - Imprisonment

Appeal by Beaver and Lambert from the four-year sentence imposed following their convictions for manslaughter. The appellants had a dispute with the victim, their roommate, about rent. Both appellants participated in punching, kicking, choking, and slamming the victim’s face into the ground. ... [read more]

Monday, July 19, 2021 @ 9:15 AM

Jordan not engaged in case involving gap between criminal charges, B.C. Court of Appeal rules Lisa Silver, University of Calgary

The B.C. Court of Appeal has ordered a new trial for a man who had a criminal case against him dismissed for excessive trial delay, saying the Charter guarantee to a trial within a reasonable time frame was not engaged during the gap period when the Crown initially stayed the proceedings against him but brought new charges nearly three years later. ... [read more]

Friday, July 16, 2021 @ 1:12 PM

Human detritus problem at Elgin Middlesex Detention Centre | Jeffrey Hartman

There is or, depending on when you read this, was a memorial to lost inmates outside Elgin Middlesex Detention Centre (EMDC) in London, Ont. Since 2009, 19 inmates have died at the notoriously problematic institution. ... [read more]

Friday, July 16, 2021 @ 12:13 PM

B.C. Supreme Court scheduling system broken, has been for a long time | Kyla Lee

On the second Tuesday of every month, alarm clocks across the province go off early. Lawyers, legal assistants, paralegals and self-represented individuals get out of bed early, make a big cup of coffee and start to engage in finger stretching exercises. ... [read more]

Friday, July 16, 2021 @ 9:22 AM

MHCC releases recommendations to support inmates during pandemic Dr. Mary Bartram, MHCC’s director of policy

On July 15, the Mental Health Commission of Canada (MHCC) released new research and recommendations emphasizing the impact COVID-19 has had on incarcerated and recently released persons. ... [read more]

Friday, July 16, 2021 @ 5:37 AM

SENTENCING - Homicide - Young persons - Adult sentence - Alternate measures programs

Appeal by the accused from an adult sentence of life imprisonment with no parole eligibility for a period of seven years imposed for second degree murder, attempted murder, aggravated assault, and reckless discharge of a firearm. ... [read more]

Thursday, July 15, 2021 @ 12:54 PM

Civil Remedies Act forbids province from side-stepping settlement process: Appeal Court  

Until a court has ruled that a property has been tainted by a criminal offence, the Ontario government cannot summarily dispose of both a property owner’s assets and its own legal onus under the province’s Civil Remedies Act, according to a recent precedential decision by the Ontario Court of Appeal. ... [read more]

Thursday, July 15, 2021 @ 11:54 AM

EVIDENCE - Methods of proof - Circumstantial evidence - Inferences

Appeal by Boyer from conviction for trafficking in marijuana, laundering proceeds of crime and possession of proceeds of crime, and conspiracy. The charges resulted from a lengthy police investigation into a drug trafficking operation, whereby individuals would travel from Vancouver to Halifax with large quantities of marijuana in suitcases. ... [read more]