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Friday, November 23, 2018 @ 2:36 PM

Parliament on verge of making dying ‘all that messier’ | Sam Goldstein

Do we need to make Canadian laws easier for people to commit suicide when they are terminally ill? ... [read more]

Thursday, November 22, 2018 @ 3:12 PM

Preparing for impairment testing with new cannabis rules potbeerroad_sm.jpg

The criminal defence lawyers have been through the abolition of the Carter defence (R. v. Carter [1985] O.J. No. 1390) followed by R. v. Braun [2017]  M.J. No. 128 and R. v. Gubins [2009] O.J. No. 848. It is now the same as the time of the Carter defence, but nothing was done in shoring up the evidence and simply the evidence cannot be shored up because the science is imperfect. ... [read more]

Thursday, November 22, 2018 @ 12:36 PM

Appeal Court increases man’s sentence for robbery, maintains high bar for exceptional circumstances

A Manitoba court’s decision to send a robber back to jail for additional time speaks to judges’ concerns with expected rehabilitation and good behaviour being seen as “exceptional circumstances” and resulting in unjustifiably light sentences, says a legal scholar. In a 2-1 decision, the Court of Appeal of Manitoba increased a lower court’s sentence of Jamie Dalkeith-Mackie from seven months to 20 for robbing a convenience store.  ... [read more]

Thursday, November 22, 2018 @ 8:37 AM

REVIEW BOARDS - Dispositions - Absolute discharge

Appeal by Kalra from an Ontario Review Board disposition continuing a conditional discharge. ... [read more]

Wednesday, November 21, 2018 @ 5:31 PM

Ottawa moves to cut business taxes and red tape, boost corporate integrity in economic update

Federal Finance Minister Bill Morneau has announced three new tax changes of note to the bar, including accelerated depreciation for new business investments in capital assets, along with more funding for the federal Public Prosecution Service of Canada (PPSC), and the introduction next year of the first Annual Regulatory Modernization Bill that will update federal regulatory requirements while removing those deemed outdated or duplicative. ... [read more]

Wednesday, November 21, 2018 @ 1:13 PM

Workplace criminal liability: Businesses and their lawyers should be taking note blocksmashing_sm.jpg

Earlier this year, the owner of an excavation company was convicted of manslaughter for the death of a worker at a job site. Two months ago, that owner was sentenced to an 18-month jail sentence that is to be followed by two years’ probation. The case was R. c. Fournier [2018] J.C. no. 8784. ... [read more]

Wednesday, November 21, 2018 @ 9:51 AM

Judge charges Ontario is breaching its constitutional duty; courtroom crunch thwarts timely trials, access to justice

A senior judge’s scathing public denunciation of successive Ontario governments’ failure to provide enough courtrooms in Peel Region could be a sign of things to come as judicial leaders across Canada struggle to combat court delays traceable to government-imposed budgetary restrictions that often leave the judicial branch unable to deliver efficient and accessible justice to the public. ... [read more]

Tuesday, November 20, 2018 @ 11:06 AM

Provinces back Ottawa’s proposed divorce reforms at federal-provincial-territorial ministers’ wide-ranging meeting Jody Wilson-Raybould

Ottawa’s proposed overhaul of the federal Divorce Act has been endorsed by the justice and public safety ministers of the provinces and territories. ... [read more]

Monday, November 19, 2018 @ 4:03 PM

Government rejects Senate’s bid to change consent provisions in sexual assault bill Kim Pate

The Trudeau government has rejected two controversial Senate amendments strongly supported by women’s advocates that some experts say clarify — and others say muddy — the vexed law of consent in sexual assault cases. ... [read more]

Monday, November 19, 2018 @ 2:10 PM

Questions raised after police find bags of pot after legalization Bagofpot.jpg

Marijuana possession is now legal in Canada effective Oct. 17, 2018. But a Whitby driver greatly exceeded the new 30-gram limit and is facing charges after police seized 44 kilograms of marijuana from his car. ... [read more]