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Monday, November 19, 2018 @ 11:02 AM

PROCEDURE - Trial judge’s duties - Charge or directions

Appeal by the Crown from Snelgrove’s acquittal, by a jury, of sexual assault. The 23-year-old complainant approached Snelgrove, an on-duty, uniformed officer in a marked patrol car, and asked for a ride home after she had been drinking. ... [read more]

Monday, November 19, 2018 @ 10:59 AM

CRIMINAL CODE OFFENCES - Carrying a concealed weapon

Motion by the appellant young person for leave to appeal for a second-level appeal. The summary conviction appeal judge dismissed the appellant’s appeal of his conviction and sentence for two counts of carrying a concealed weapon and one count of unauthorized possession of a prohibited weapon. ... [read more]

Friday, November 16, 2018 @ 12:14 PM

Two judges appointed to Alberta Court of Appeal

The federal Department of Justice announced the following two judicial appointments for the province of Alberta: ... [read more]

Friday, November 16, 2018 @ 11:36 AM - Last Updated: Friday, November 16, 2018 @ 4:05 PM

SCC underscores federal courts’ obligation to vindicate official language rights at hearings Suzanne Cote

Violations of language rights in court will usually require a new hearing, even if the fairness of the hearing wasn’t affected, the Supreme Court of Canada directs in a far-reaching 9-0 judgment that underscores the obligation of Canada’s federal courts to vindicate language rights, including by providing timely and effective interpretation services to litigants, witnesses and counsel at hearings. ... [read more]

Friday, November 16, 2018 @ 8:55 AM

RCMP chief superintendent’s drug-impaired driving comments could land him in court, lawyers say Michael Spratt

A senior Canadian police official could one day find himself having to testify in a court challenge after saying the accuracy of current testing for driver impairment from cannabis lags that of alcohol, criminal lawyers say. ... [read more]

Thursday, November 15, 2018 @ 11:12 AM

SENTENCING - Interfering with a dead human body or human remains - Manslaughter

Appeal by the Crown from a sentence of seven years’ imprisonment for manslaughter and interfering with human remains. ... [read more]

Thursday, November 15, 2018 @ 10:32 AM

EVIDENCE - Methods of proof - Inferences - From conduct

Appeal by two accused, MW and TF, from their convictions for first degree murder. ... [read more]

Wednesday, November 14, 2018 @ 12:51 PM

10 most-anticipated cannabis and driving questions carandcannabis.jpg

The Cannabis Act, in effect as of Oct. 17, raises a number of interesting questions about cannabis consumption and driving. Here are my answers to 10 anticipated questions: ... [read more]

Wednesday, November 14, 2018 @ 10:47 AM

Sentences must be proportionate, not unjustly light to avoid deportation, finds Appeal Court

Threat of deportation can be a factor in the sentencing of a non-citizen, but the punishment must fit the crime and not simply serve as a pass on immigration consequences, says the lawyer of a offending permanent resident whose sentence was increased by Manitoba’s Appeal Court. The Oct. 31 decision in R. v. Yare 2018 MBCA 114 involved Mustaf Ahmed Yare, a 23-year-old Ethiopian man who pleaded guilty to using a vehicle to flee from police, uttering threats and failing to comply with his recognizance. ... [read more]

Wednesday, November 14, 2018 @ 9:05 AM

The civility of judges and the rule of law | Alexander Gay

The legal profession does not evolve in isolation. There is growing preoccupation across common law jurisdictions with the civility of judges. This is evidenced by the recent speech of Chief Justice Wagner who very recently expressed concern with the erosion in civility on the bench. The same concerns are being echoed as far away as the United Kingdom and Australia. ... [read more]