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Wednesday, April 11, 2018 @ 9:29 AM

B.C. Court of Appeal rules against credit unions in overdraft charge class action Paul Bennett

The B.C. Court of Appeal has upheld a class action judgment against a number of British Columbia credit unions, saying charges they levied for overdrafts did not fall under the Criminal Code’s provisions on overdraft charges but were in fact interest. ... [read more]

Wednesday, April 11, 2018 @ 9:04 AM

Fetal alcohol syndrome and blame Moon,sentencing

On Feb. 28, 2018, Justice Rajeev Anand, a youth court justice with the Saskatchewan provincial court, sentenced a young person to an adult sentence of life imprisonment after her plea to the second degree murder of a 6-week-old, Nikosis Jace Cantre. ... [read more]

Wednesday, April 11, 2018 @ 8:32 AM

Taking a hit: Marijuana risks at the U.S. border marijuana_border_sm

Marijuana use does not carry the same stigma that it used to in North America — or at least, not with some. Unfortunately, Canadians and other foreigners entering or living within the U.S. still face significant potential consequences if they admit to having ever possessed marijuana, even if they did so where it was legal based on local laws. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 9:37 AM

Law society warns Toronto paralegals of threats, arson Stephen_Parker_sm

Ontario’s law society has issued a warning to paralegals in Toronto’s west end, claiming they may be the targets of arson attacks following the torching of an SUV belonging to a traffic ticket fighter. A Law Society of Ontario spokesperson confirmed that on April 4 the LSO sent an e-mail notice to paralegals in an “affected area” following incidents occurring on “Eglinton Ave. W and Keele St.” ... [read more]

Monday, April 09, 2018 @ 8:45 AM

Mortgage fraud increase: Watching for the red flags mortgage_fraud_sm

Mortgage fraud is a significant issue for lawyers who practise in residential and commercial real estate transactions. A recent Internet search with the keywords “mortgage fraud” revealed at least four articles from this year, illustrating its increased occurrence. ... [read more]

Friday, April 06, 2018 @ 9:20 AM

Bill C-75’s ‘intimate partner’ language could slow bail, draw out trials, lawyer says Jennifer_Penman_sm

“Intimate partner” provisions in proposed changes to domestic violence laws will bog down an already sluggish criminal justice system, says a voice for lawyers as the federal government explores sweeping reforms to the Criminal Code. ... [read more]

Friday, April 06, 2018 @ 8:52 AM

DANGEROUS AND LONG-TERM OFFENDERS - Long-term offender designation - Eventual control of risk in community

Appeal by Skookum from his designation as a dangerous offender and the sentence imposed of six years’ imprisonment and a 10-year long-term supervision order in relation to a sexual assault conviction. ... [read more]

Thursday, April 05, 2018 @ 10:26 AM

APPEALS - Grounds - Miscarriage of justice - Powers of appellate court - New trial

Appeal by the accused from conviction for sexual assault on the basis that his defence lawyer did not provide him with effective representation. ... [read more]

Thursday, April 05, 2018 @ 9:18 AM

Growing use of intermittent sentences worsens overcrowding, says Quebec ombudsperson Marie Rinfret

A dramatic rise in the use of intermittent sentences has exacerbated overcrowding in Quebec correctional facilities, leading to difficult detention conditions, security problems and human rights violations, says a special report by the Quebec ombudsperson. ... [read more]