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Monday, June 03, 2019 @ 9:58 AM

Manitoba’s need for judicial speed must not trump quality criminal defence, lawyer says Christopher_Gamby_sm

Manitoba’s ongoing strategy to speed up its criminal justice system is a positive step toward better efficiency, but care must be taken to not jeopardize the quality of legal defence for those going through it, says a voice for defence lawyers in the province. ... [read more]

Monday, June 03, 2019 @ 8:55 AM

LSO election bodes well for paralegals | Ian Wilkinson

Much was said of the StopSOP slate of Law Society of Ontario (LSO) benchers that were elected, both before and after the election. They made a choice to stand up for their principles and regardless of your position on the SOP (Statement of Principles) or any other issue, that deserves respect. Despite any election Internet baiting, the entire slate acted in a measured and rational manner and responded with equanimity. Agree with them or not, they believe that their opposition to the SOP was a rationalist one. ... [read more]

Friday, May 31, 2019 @ 9:59 PM

CONSTITUTIONAL ISSUES - Protection against arbitrary detention or imprisonment - Protection against unreasonable search and seizure - Exclusion of evidence

Appeal from a judgment of the Ontario Court of Appeal affirming a decision dismissing Le’s motion to exclude evidence. ... [read more]

Friday, May 31, 2019 @ 6:18 PM - Last Updated: Monday, June 03, 2019 @ 11:28 AM

SCC rules ‘arbitrary detention’ of racialized accused merits exclusion of seized drugs, gun Justices Brown and Martin

The Supreme Court of Canada has split 3-2 to acquit a racialized Toronto man of drug and weapons charges — with the majority judges excluding from evidence a handgun, cash and cocaine seized by police officers after the accused fled their uninvited questioning of him in his friend’s backyard. ... [read more]

Friday, May 31, 2019 @ 9:13 AM

Senate amends Bill C-75 to help preserve court appearances by agents on summary offences Frances Lankin

In a rare show of non-partisanship in the criminal law area, the Senate’s Legal and Constitutional Affairs Committee has voted unanimously to amend a government bill that would throw up hurdles to law students, articling students and paralegals appearing in court on behalf of persons accused of summary conviction offences. ... [read more]

Thursday, May 30, 2019 @ 9:47 AM

Osgoode artist in residence’s performance explores legal history to inform future Evidence_Osgoode

In 1894, Toronto resident Clara Ford was accused of murder. In 2019, the legal, judicial and societal implications of that accusation and the trial that followed were explored. Osgoode Hall Law School artist in residence Anique Jordan brought the issues of race, justice, sexuality and class together in a performance art piece titled Evidence.   ... [read more]

Thursday, May 30, 2019 @ 8:31 AM

The power of law | Jennifer Taylor

A story about free tampons can say a lot about what a legal system values. ... [read more]

Wednesday, May 29, 2019 @ 8:58 AM

Senators amend Bill C-75 to expand availability of prelims but leave other contentious criminal law reforms intact Pierre Dalphond

The Senate’s influential Legal and Constitutional Affairs Committee has amended the government’s proposed package of criminal procedure and sentencing reforms to expand the number of offences eligible for preliminary inquiries by 393 — more than five times the number proposed by the Liberal government. ... [read more]

Tuesday, May 28, 2019 @ 10:42 AM

Justice system still not protecting Indigenous women and girls | Pamela Palmater

“Her life mattered. She was valued. She was important. She was loved.” — R. v. Barton, [2019] SCC 33. Cindy Gladue was an Indigenous woman originally from Alberta, where she grew up with her four siblings and extended family. She was also the mother to three daughters and her family described her as both a loving mother and caring aunty. She had close friends and always dreamed about being the first in her family to go to university. Cindy Gladue loved and was loved. She did not deserve her violent death in 2011 or the indignity done to her body after. ... [read more]

Tuesday, May 28, 2019 @ 10:41 AM

No two cases the same; discretion needed in sentencing, says lawyer

Judges must continue to hold a “broad range of sentencing tools” to craft lighter sentences when appropriate, says a lawyer after Nova Scotia’s Appeal Court upheld intermittent jail time for a cocaine dealer turning over a new leaf. The May 13 Nova Scotia Court of Appeal decision in R. v. Chase 2019 NSCA 36 involved a Crown’s appeal of a 90-day intermittent sentence handed to Matthew Chase, who pleaded guilty to possessing six grams of the drug for the purpose of trafficking. ... [read more]