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Tuesday, May 14, 2019 @ 1:11 PM

Turning lost evidence into win for criminal defence lawyers retailsurveillance_orig.jpg

When it comes to criminal cases, most people are aware that the police are responsible for the investigation phase. What is not commonly understood is that police not only have a duty to seize evidence, they also must preserve it. An interesting legal issue can arise where they fail to fulfil that duty. ... [read more]

Tuesday, May 14, 2019 @ 8:29 AM

SENTENCING - Criminal Code offences - Aggravated assault

Appeal by the Crown from the sentence of 10 months’ imprisonment, less three and a half months for time served, imposed on the 28-year-old indigenous respondent following his conviction for aggravated assault. ... [read more]

Monday, May 13, 2019 @ 3:00 PM

How Bill C-46 affects Crowns relying on s. 258(1) in impaired trials Smugdrunkdriver.jpg

Should a repealed evidentiary provision still apply to post-repeal trials even where the charges were laid prior to the date of repeal? This was the question in R. v. Shaikh 2019 ONCJ 157. ... [read more]

Monday, May 13, 2019 @ 11:10 AM

EVIDENCE - Hearsay rule - Exceptions - Necessary and reliable evidence

Appeal by the accused from conviction for second degree murder and attempted murder. ... [read more]

Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Thursday, May 09, 2019 @ 4:57 PM - Last Updated: Thursday, May 09, 2019 @ 11:47 PM

SCC says Clément Gascon in ‘good health’ after judge went missing in Ottawa for hours Gascon_sm

Supreme Court of Canada Justice Clément Gascon, who was reported missing for several hours on May 8 by Ottawa police before he was located “safe and sound” — reportedly in hospital — is “in good health,” according to his family. ... [read more]

Wednesday, May 08, 2019 @ 11:45 AM

Taking nude screenshots without consent from live web chat is voyeurism: Ontario Court of Appeal

Taking nude images of an intimate partner without consent, regardless of whether the consensual sexual activity occurred in “virtual space” over the web or in a “physical room,” constitutes voyeurism, the Ontario Court of Appeal ruled on May 2. In R. v. Trinchi 2019 ONCA 356, the three-judge appellate court panel unanimously held that the appellant violated the complainant’s reasonable expectation of privacy by grabbing screenshots of her when she appeared nude in sexually provocative poses on webcam during their Skype chats. ... [read more]

Wednesday, May 08, 2019 @ 9:31 AM

Ottawa tables legislation to create independent oversight for CBSA Ralph Goodale

The Liberal government has unveiled legislation to revamp the RCMP’s public complaints body and create external oversight for the Canada Border Services Agency (CBSA). ... [read more]

Tuesday, May 07, 2019 @ 1:01 PM

Ford cuts, Goldstein column, revisited | Scott Reid

It was with dismay bordering on disbelief that I read Sam Goldstein’s article in The Lawyer’s Daily regarding crime victim compensation. ... [read more]

Tuesday, May 07, 2019 @ 12:26 PM

Liberals mum on if federal court judges who are Quebec bar members can apply for SCC vacancy Leonid Sirota

Applications close May 17 for the impending Quebec vacancy on the Supreme Court of Canada, but the government of Canada is not saying whether it would consider applications from Quebec judges of the Federal Court, Federal Court of Appeal and Tax Court who also are members of the Quebec bar. ... [read more]