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Friday, April 12, 2019 @ 10:47 AM

Free Willy bill whale of a win for cetaceans 3whales.jpg

Animal law was in the news again on April 2. Bill S-203, a private member’s bill originally tabled some four years ago, Ending the Captivity of Whales and Dolphins Act, passed the scrutiny of the committee, where bills are scrutinized to the comma and picked apart line by line. ... [read more]

Friday, April 12, 2019 @ 9:19 AM

Senator’s request highlights CRA’s lack of Panama Papers progress panama_papers_sm

The third anniversary of the massive leak of information from Panamanian law firm Mossack Fonseca has been in the news in the first week of April, both in Canada and internationally. ... [read more]

Friday, April 12, 2019 @ 8:42 AM

DEFENCES - Colour of right - Defence of property

Trial of the accused for mischief. The accused worked for a company that entered into contracts with private property owners and placed boots on vehicles unlawfully parked on their property. ... [read more]

Thursday, April 11, 2019 @ 1:39 PM

Objective analysis key in self-defence rulings, lawyers say Janet_Austin_sm

When assessing self-defence, judges must “objectively” consider how a reasonable member of society would act in a situation rather than “subjectively” focus on what was to be expected of the accused, say lawyers after a new trial was ordered for a Maritimer charged with stabbing an antagonist. ... [read more]

Thursday, April 11, 2019 @ 11:13 AM

Bill requiring named judges to disclose expenses changed so only anonymized expenses to be published Pierre Dalphond

Judges would no longer have to disclose their individual expenses under amendments to Bill C-58 accepted by the Senate Legal and Constitutional Affairs Committee April 10. With the enthusiastic endorsement of Sen. Pierrette Ringuette, who is the Senate sponsor of the Liberal government’s access to information overhaul, the red chamber’s legal affairs committee passed Sen. Pierre Dalphond’s amendments that narrow the government’s proposal to require, for the first time, all federal judges to disclose their expenses. ... [read more]

Thursday, April 11, 2019 @ 9:37 AM

Appeal Court brings dying declarations ‘back into the limelight’ in murder trial: lawyer Catriona Verner

The Ontario Court of Appeal has upheld a lower court decision on the admissibility of a dying declaration and the second search of cellphone data discovered through updated software in a murder trial that, counsel says, highlights the court’s analysis of hearsay evidence. ... [read more]

Wednesday, April 10, 2019 @ 1:36 PM

Estonia set to introduce ‘AI judge’ in small claims court to clear court backlog Man&Botshakinghands

Recently, I commented on Jane Philpott’s, former Canadian minister of digital government, launch of the federal government’s Directive on Automated Decision Making, purported to use artificial intelligence (AI) to assist the government in replacing mundane administrative tasks within all of its branches.   ... [read more]

Wednesday, April 10, 2019 @ 9:00 AM

PROCEDURE - Setting aside guilty plea - Voluntariness

Appeal by the accused, Erez, from a conviction and sentence for 12 counts of fraud. The accused was charged with 26 counts of fraud and ordered to stand trial following a brief preliminary inquiry. At the outset of trial, he sought a stay of proceedings on the basis of a breach of his s. 11(b) Charter rights. ... [read more]

Tuesday, April 09, 2019 @ 12:39 PM

U of T criminal externship program aims to give students ‘hands-on experience’ Vincent Chiao

University of Toronto law professor Vincent Chiao likes to get into the philosophical weeds of criminal law, and last year Oxford University Press released his book, Criminal Law in the Age of the Administrative State, which highlights his research interest. ... [read more]

Tuesday, April 09, 2019 @ 9:54 AM


Appeal by Chandler from committal for extradition to the United States, and application for judicial review of the Minister's surrender order. The United States sought the extradition of the appellant to face charges of fraud arising from a condominium construction project. ... [read more]