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Thursday, November 14, 2019 @ 11:02 AM

Interpreting Bill C-75, Youth Criminal Justice Act Unchainedman

The government of Canada introduced Bill C-75, An Act to amend the Criminal Code of Canada, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts which received royal assent on June 21, 2019. ... [read more]

Thursday, November 14, 2019 @ 3:58 AM

CRIMINAL CODE OFFENCES - Flight from police - Driving while disqualified

Appeal by the accused from a sentence of four-and-a-half-years’ imprisonment for flight from police and driving while disqualified. ... [read more]

Wednesday, November 13, 2019 @ 2:12 PM

Ruling on peremptory challenges a ‘measured response’: Indigenous Bar Association Drew Lafond sm

An Ontario Superior Court judge’s ruling that the elimination of peremptory challenges violates an accused’s Charter rights has prompted mixed reactions from the Indigenous Bar Association (IBA), the Criminal Lawyers’ Association (CLA) and members of the profession over its impact on the court system and the potential to influence other jurisdictions.   ... [read more]

Wednesday, November 13, 2019 @ 9:46 AM

Rural Albertans have ‘complete lack of confidence’ in legal system, says justice minister Alberta Justice Minister and Solicitor General Doug Schweitzer

The government of Alberta has announced plans to bring in a variety of measures to address crime in rural communities, ranging from a new integrated force aimed at reducing police response times to eliminating liability for individuals who have taken steps to protect their property, moves the provincial justice minister says are necessary because the justice system is failing individuals who live outside the province’s major cities. ... [read more]

Wednesday, November 13, 2019 @ 8:28 AM

Seeking compensation for wrongful deaths in B.C. HighwayofDeath.jpg

Respect for the dignity of the individual human being is the fundamental value underlying the assertion of rights in Canada. It is the basis for the rights to life, liberty, security of the person and equality under the law as articulated in the Canadian Charter of Rights and Freedoms. As expressed further in its foundational law, Canada strives to be a fair and just society.   ... [read more]

Wednesday, November 13, 2019 @ 7:36 AM

SENTENCING - Causing death by criminal negligence - Motor vehicles

Appeal by Gauthier-Carriere from the 10-year driving prohibition imposed following his conviction, by jury, of impaired driving causing death and criminal negligence causing death. ... [read more]

Tuesday, November 12, 2019 @ 8:54 AM

Complex Nova Scotia court case goes hi-tech Michael_Wood_sm

Nova Scotia’s court system has taken a big leap in its embracing of technology after a recent high-profile financial fraud case went almost completely digital. This latest move towards greater use of technology in the justice system came in the form of enhancements to Courtroom 502 at the Halifax Law Courts — changes made in preparation for the September appeal of disgraced tech executives Daniel Potter and Blois Colpitts. ... [read more]

Monday, November 11, 2019 @ 10:41 AM

Access to Justice: A2J Week about innovation, collaboration, action | Beverley McLachlin

The end of October marked the celebration of Access to Justice Week in three Canadian provinces — Saskatchewan, Ontario and British Columbia. I was pleased to be able to join Ontario’s justice sector leaders for part of their deliberations on the future of access to justice in Ontario and to follow the activities in the other provinces, albeit from a distance. ... [read more]

Monday, November 11, 2019 @ 9:34 AM

Civil rights groups seek first-ever Supreme Court ruling on constitutionality of solitary confinement Jessica Magonet

Nearly five months ago, the British Columbia Court of Appeal held that indefinite, prolonged solitary confinement violates prisoners’ rights to life, liberty and security of the person under Charter s. 7, and the B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC), which were involved in that case, now seek a similar finding from the Supreme Court of Canada, which has yet to rule on the constitutionality of administrative segregation. ... [read more]

Friday, November 08, 2019 @ 3:57 PM

Court ‘quite clear’ that questioning accused on motivation to fabricate is ‘inappropriate,’ counsel says Mark Halfyard 2019 sm

The Ontario Court of Appeal has ordered a new trial for a man convicted of sexual interference and invitation to sexual touching, ruling that the trial judge erred by transforming the “absence of a proven motive to fabricate into a proven lack of motive.” Counsel for the appellant said the court is “signalling quite clearly” that it’s inappropriate for the Crown to ask an accused why a complainant “would make up an allegation.” ... [read more]