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Monday, September 10, 2018 @ 9:02 AM

Calls for beneficial ownership registry grow as lawyers face new client ID, verification rules Denis Meunier

Legal regulators and others are putting more pressure on Ottawa to act quickly to create a central, publicly accessible beneficial ownership registry of corporations and some trusts in order to better fight money laundering, corruption, tax evasion, organized crime and the financing of terrorism. ... [read more]

Friday, September 07, 2018 @ 11:32 AM

Home and car insurance issues surrounding legalization of recreational cannabis Tightropewalker_sm.jpg

The government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (Cannabis Act) and its regulations will officially come into force on Oct. 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. ... [read more]

Friday, September 07, 2018 @ 10:54 AM

‘New justice experience’ for Indigenous people in Nova Scotia Laurie Halfpenny MacQuarrie

When lawyers arrive for court each Wednesday in Wagmatcook, Cape Breton, they make their way down corridors lined with original works from three Indigenous artists, past signage in two languages, English and Mi’kmaw, and head to the courtroom in time for the opening Smudging ceremony. Then the lawyers take their seats — at a circular bench. Canada’s first Indigenous court is now in session in Wagmatcook First Nation. “This is unique in Canada,” said Judge Laurie Halfpenny MacQuarrie, who presides over the court. ... [read more]

Friday, September 07, 2018 @ 9:13 AM

How to deter gun crime | Laurelly Dale

For every tragedy involving gun violence; e.g., Danforth and Fredericton, there begins a cycle: public fear and disgust; politicians scrambling to appear to “do something” through new and ever more restrictive gun laws; ever more resources are committed to gun control; and then, the mission accomplished, attention shifts. The Queen of Soul dies. A bridge collapses. A royal baby is born. Another tragedy involving gun violence occurs. Rinse and repeat. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Wednesday, September 05, 2018 @ 9:27 AM

SCC fall session features landmark cases on standard of review and sexual assault Steven Mason

Judicial review, class actions and sexual assault cases dominate the Supreme Court of Canada’s fall session. From Oct. 10 to Dec. 14, the nine judges will hear 26 appeals (only 10 are criminal) on an eclectic docket that also features cases on bankruptcy, bail review, civil procedure, freedom of the press, labour law, search and seizure and tax. ... [read more]

Wednesday, September 05, 2018 @ 8:40 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity

Appeal by the accused from convictions for assault, uttering threats and production of marihuana. ... [read more]

Tuesday, September 04, 2018 @ 11:55 AM

Roadside cannabis testing will keep courts busy Canabistester_sm.jpg

The federal government has announced the first device it will approve for screening drivers for drugs: the Dräger DrugTest 5000. The DrugTest 5000 works by bringing a test strip in contact with saliva at a given temperature range. ... [read more]

Tuesday, September 04, 2018 @ 11:50 AM

Delay, ‘unusual circumstance’ cited as Labrador criminal case tossed

An “outlier” is how a senior Crown official in Newfoundland is describing a controversial small-town case where a judge stayed serious criminal charges due to delay and blamed it on the cutting of fixed circuit courts in out of the way parts of Labrador. This is what the province’s assistant director of Public Prosecutions Lloyd Strickland said about the decision by the provincial court of Newfoundland and Labrador in Happy Valley-Goose Bay to set free Davidee Ningeok, who had been charged with sexual assault, common assault and unlawful confinement. ... [read more]

Tuesday, September 04, 2018 @ 10:23 AM

The crying judge: Compassion does not equal bias | Marcel Strigberger

B.C. provincial court Judge Monica McParland presided over a sexual interference case recently. She found the accused guilty. The defence lawyer moved to have the judge recuse herself from continuing on the basis of bias as the judge during the reading of a victim impact statement supposedly showed emotion as she allegedly cried. ... [read more]