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Tuesday, September 12, 2017 @ 01:39 PM

Re-evaluation of institutional delay leads to overturned stay on murder charge Palma Paciocco, Osgoode Hall Law School

Observers say a recent Ontario Court of Appeal decision on trial delay offers some lessons for prosecutors on how they approach the issue of ensuring people’s right to a speedy trial is maintained. ... [read more]

Tuesday, September 12, 2017 @ 01:27 PM

Ontario reforms unlikely to eliminate cannabis black market Robert Solomon

Legal observers say the Ontario government's new guidelines for the sale and use cannabis are reasonable, but they will not lead to an end of the black market trade in the product. ... [read more]

Tuesday, September 12, 2017 @ 09:28 AM

Lawyer warns cannabis bill is constitutionally flawed and harmful Michael Spratt

An Ottawa defence counsel says the federal government’s decision not to fully decriminalize cannabis possession will exacerbate court costs and delays, while disproportionately harming young, racialized and poor members of society. ... [read more]

Tuesday, September 12, 2017 @ 08:51 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure - Remedies for denial of rights

Appeal by Orlandis-Habsburgo and LeFrancois from their convictions for production and possession of marijuana for the purpose of trafficking and possession of the proceeds of crime. ... [read more]

Tuesday, September 12, 2017 @ 08:40 AM

Ontario’s Election Act under spotlight in Liberals’ bribery trial Solomon Friedman

An Ontario Court of Justice trial underway in Sudbury, Ont. is likely to create bad optics for premier Kathleen Wynne’s Liberal government, but it may also clear up some disputed terminology in the provincial Election Act. ... [read more]

Monday, September 11, 2017 @ 04:04 PM

Ontario Provincial Police using GPS darts make roads safer, could threaten privacy Michael_Smitiuch_sm

The Ontario Provincial Police have a new pilot project in place where they shoot at fleeing cars using Global Positioning System (GPS) darts which track the vehicles' movements. ... [read more]

Monday, September 11, 2017 @ 08:49 AM

SEXUAL ASSAULT - Aggravated sexual assault - Kidnapping, hostage taking and abduction - Kidnapping - Attempts, conspiracies and accessories - Attempts

Appeal by the accused from convictions for attempted kidnapping and attempted aggravated sexual assault of a young person, as well as from the dangerous offender designation and indeterminate sentence of imprisonment. ... [read more]

Monday, September 11, 2017 @ 08:41 AM

Prisoners' access to medical assistance in dying focus of discussion at meeting Adelina Iftene sm

Discussions about death can be sensitive in even the most common scenario, but tackling the discussion in the context of prison and an incarcerated person’s access to palliative care raises its own set of unique challenges. ... [read more]

Friday, September 08, 2017 @ 05:23 PM

SCC clarifies how to assess reliability of diplomatic assurances in extradition cases Adriel Weaver

In an important extradition ruling, the Supreme Court has unanimously restored Ottawa’s decision to surrender two Canadians to India to face charges that the pair arranged the murder 17 years ago of a family member in Punjab who married against their wishes. ... [read more]

Friday, September 08, 2017 @ 12:55 PM

EXTRADITION AND CRIMINAL MUTUAL LEGAL ASSISTANCE - Bars to extradition

Appeal from a judgment of the British Columbia Court of Appeal allowing an application for judicial review of surrender orders made by the Minister of Justice against Badesha and Sidhu, setting the orders aside and remitting the matter to the Minister for further consideration. ... [read more]