Focus On



Friday, June 11, 2021 @ 11:15 AM

Canada’s overhaul of impaired driving law: New risks to non-citizens Sketch of mugshot

In December 2018, Bill C-46 came into force and introduced new law in relation to transportation offences (now referred to as conveyance offences), including offences related to alcohol and drug impaired driving. ... [read more]

Friday, June 11, 2021 @ 9:57 AM

Privacy watchdog seeks comment on police use of facial recognition technology Daniel Therrien, Canada's Privacy Commissioner

The Office of the Privacy Commissioner (OPC) has found that the RCMP’s use of facial recognition technology (FRT) to “conduct hundreds of searches of a database compiled illegally by a commercial enterprise is a violation of the Privacy Act.” ... [read more]

Friday, June 11, 2021 @ 5:44 AM

CONTROLLED DRUGS AND SUBSTANCES - Selling, trafficking and distributing

Trial of Senior, charged with 14 separate offences, including theft under $5,000, two counts of uttering a forged document, two counts of unauthorized use of a computer, three counts of breach of trust, possessing a firearm obtained by theft, possessing a weapon for a dangerous purpose, attempted robbery, and trafficking drugs. ... [read more]

Thursday, June 10, 2021 @ 10:46 AM

Consistency in communications: Cross your heart and hope to fly Russian dancer

Businesses and service providers usually display statements about service excellence on their sites. Think of companies that sell sports gear, electronics, or barbecues, and of professionals like accountants, lawyers, and HR consultants. They all “offer consistent quality,” “stand behind their product,” “want to understand the client,” “tailor services to each customer’s needs,” and “act as a partner in the client’s success.” Typical values are consistency, accountability, honesty, integrity, and respect. So far so good. However, the reality may be quite different. ... [read more]

Thursday, June 10, 2021 @ 5:47 AM

PROCEDURE - Crown’s duties - Trial judge’s duties - Where accused unrepresented

Appeal by the accused, Ibrahim, from a conviction for first-degree murder. In 2009, the victim was shot 10 times while standing outside of a grocery store. The accused and the victim exchanged angry words hours before the shooting over a trivial matter. ... [read more]

Wednesday, June 09, 2021 @ 3:19 PM

Police cannot perform random sobriety checks on private property, court affirms Donald Orazietti, counsel with Orazietti & Orazietti

In a 2-1 decision, the Ontario Court of Appeal upheld the acquittal of a man convicted of impaired driving during a police-led stop on a private driveway. The court found that the police did not have “authority to randomly check the sobriety of the respondent on his private property.” ... [read more]

Wednesday, June 09, 2021 @ 2:15 PM

Why law firms should invest in their lawyers’ health | Rob De Toni

The time for change in the legal industry is now. No longer can law firms ask their lawyers to come to work, put their heads down and pump out huge billable hours just because that’s what the partners did and are still doing. ... [read more]

Wednesday, June 09, 2021 @ 9:11 AM

Appeal Court orders new trial in drug trafficking case due to ineffective counsel

Obtaining written instructions from clients has been highlighted as a best practice in an Ontario Court of Appeal decision after “dueling affidavits and cross-examinations” showed that trial counsel did not consult with his client about a blended procedure at trial. ... [read more]

Tuesday, June 08, 2021 @ 3:04 PM

Alberta Court of Appeal upholds variation of parenting as consequence of contempt Paper cutout of broken family

In a seminal case for Alberta, JLZ v. CMZ 2021 ABCA 200, the per curiam Alberta Court of Appeal has upheld a variation of parenting to grant the father interim sole care of the children, with access of the mother to the children only with the father’s consent. ... [read more]

Tuesday, June 08, 2021 @ 1:42 PM

Nova Scotia provincial court to resume in-person hearings

Nova Scotia’s provincial court will start allowing in-person proceedings but hang onto virtual technology for some matters to deal with backlog caused by the ongoing health crisis. The court announced in a recent notice that, starting June 14, it will allow in-person appearances as long as it can be done in accordance with public heath measures currently in place to curb the spread of COVID-19. ... [read more]