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Monday, June 20, 2022 @ 12:56 PM - Last Updated: Monday, June 20, 2022 @ 3:56 PM

Ottawa proposes narrower self-induced extreme intoxication defence to violence to ‘fill legal gap’ David Lametti

Federal Justice Minister David Lametti says the Liberal government’s proposed law to impose criminal negligence liability on those who commit violent offences after becoming extremely intoxicated fills “a gap” left last month when the Supreme Court of Canada struck down the Criminal Code’s s. 33.1 ban on raising the defence of non-mental disorder automatism to general intent violence-based offences, including sexual assault. ... [read more]

Monday, June 20, 2022 @ 9:38 AM

EVIDENCE - Witnesses - Credibility

Appeal by Bowers from conviction for sexual assault. His sole ground was that the trial judge unevenly scrutinized the evidence in her assessment of credibility. The offence occurred the morning after a house party at the home of the complainant’s cousin. The complainant testified she was asleep on a couch and awoke to Bowers assaulting her by inserting his finger into her private organ and trying to have sex with her. ... [read more]

Monday, June 20, 2022 @ 9:10 AM

Legal associations call for ‘concrete action,’ ‘access to justice’ for victims of police misconduct Moya Teklu, executive director of the Black Legal Action Centre

Legal associations are emphasizing the need for “concrete action” and calling on the government to ensure “access to justice” for victims of police misconduct after a Toronto Police Service’s (TPS) report showed “Black, Indigenous, and racialized people are over-represented in both use-of-force incidents as well as in strip searches.” ... [read more]

Friday, June 17, 2022 @ 3:19 PM

J.D. candidate calls out LSO’s inflexibility after request for accommodation on bar exam denied

Members of the legal profession have rallied around a J.D. candidate after her request for accommodation on the bar exam was dismissed by the Law Society of Ontario (LSO). Her request, which was sent while rushing to be with her father who had been placed in palliative care, and the LSO’s response made the future lawyer feel that the regulator’s “self-proclaimed devotion” to mental health was “hollow and insincere.” ... [read more]

Friday, June 17, 2022 @ 2:34 PM

Does Ontario need better (not more) law schools? | Michael Lesage

As the farm team for Ontario’s legal profession, it is worthwhile to question the calibre of local legal education being provided. For instance, though expensive and sometimes self-congratulatory (in one case advertising “unparalleled excellence,” the fact remains that Ontario has a significantly more backwards and dysfunctional legal system (populated by legal professionals, themselves largely graduates of Ontario’s law schools) than many peer jurisdictions. Moreover, this system has for decades been plagued by a culture of complacency. Perhaps unsurprisingly, local graduates (Ontario’s lawyers) earn significantly less on average than lawyers in neighbouring jurisdictions.  ... [read more]

Friday, June 17, 2022 @ 1:46 PM

Competition Bureau launches free tool for procurement agents to guard against bid-rigging

A Collusion Risk Assessment Tool for procurement agents to use in protecting contracts from bid-rigging is now available, the Competition Bureau has announced. ... [read more]

Friday, June 17, 2022 @ 11:44 AM

From defence to complainant: Facing predator who could have been my client | Laurelly Dale

For the past 16 years, I have belonged to a unique group of lawyers who spend the better part of their lives in the criminal justice world. We obsess over our files. “What trials do you have coming up? Statements? Do you know which judge you’ll have?” Whether defence, Crown, judge, police, or VWAP, we all share the rare but enthusiastic interest in dealing with everything: from the kooky to the unequivocally horrific. ... [read more]

Friday, June 17, 2022 @ 9:40 AM

Ontario Court of Appeal ruling reminds both parties of need to avoid delays in trial proceedings Omar Ha-Redeye

A recent Ontario Court of Appeal ruling that dismissed a man’s appeal of his convictions of possessing and making available child pornography over unreasonable delays in his case illustrates how the courts will scrutinize the role of defence counsel in light of the framework for trials to be conducted within a reasonable time set out by the Supreme Court of Canada in R. v. Jordan 2016 SCC 27, according to Omar Ha-Redeye, general counsel for Fleet Street Law, a legal incubator in Toronto. ... [read more]

Thursday, June 16, 2022 @ 4:42 PM

Chief Justice Wagner stresses innovation, judicial education as priorities for 2022 Chief Justice Richard Wagner at June 2022 press conference.

On June 16, Richard Wagner, chief justice of Canada, spoke about the importance of judicial independence and the dangers of misinformation. In his fifth annual press conference, updating Canadians on the work of the Supreme Court, the chief justice fielded many questions comparing Canada’s judicial system to that in the U.S., the need for security in light of world events and the leaked opinion on Roe v. Wade. ... [read more]

Thursday, June 16, 2022 @ 2:32 PM

Happy the Elephant’s groundbreaking personhood case Happy Elephant

On June 14, the New York Court of Appeals, released its 5-2 decision in the landmark animal law case concerning Happy, the 51-year-old elephant confined in the Bronx Zoo. The case centred on whether the legal principle of habeas corpus, a legal vehicle used to protect against indefinite imprisonment, would be extended to an autonomous, cognitively complex being like Happy, but the majority ruled that Happy is not a legal person. ... [read more]