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Tuesday, July 03, 2018 @ 9:19 AM

New judge advocate general vows to correct delays and inefficiencies that mar Canada’s military justice system Exclusive

Commodore Geneviève Bernatchez says she and her team at the Office of the Judge Advocate General (JAG) of the Canadian Armed Forces (CAF) are working to fix the delays and inefficiencies in the military justice system that were spotlighted by Auditor General Michael Ferguson in his recent hard-hitting report. ... [read more]

Friday, June 29, 2018 @ 1:21 PM

SENTENCING - Criminal Code offences - Failing or refusing to provide breath or blood sample - Sentencing considerations - Aggravating factors - Mitigating factors

Appeal by Suter from a judgment of the Alberta Court of Appeal varying the sentence imposed to Suter for refusing to provide a breath sample after causing an accident resulting in a death. ... [read more]

Friday, June 29, 2018 @ 12:08 PM

How Toronto’s new courthouse could jeopardize fragile youth services toronto_megacourt.jpg

Justice Brian Scully sits in the Ontario Court of Justice at 311 Jarvis St. in Toronto. In 2005, he was presiding over the case of Tina, (not her real name), a 15-year-old who charged with robbery. Her boyfriend had persuaded her to lure a young man into an alleyway. When she did, the boyfriend beat and robbed the victim. As Tina stood up to make her plea, Justice Scully noticed that she was pregnant. ... [read more]

Friday, June 29, 2018 @ 10:03 AM - Last Updated: Friday, June 29, 2018 @ 5:00 PM

SCC sheds first light on 2008 sentencing reforms that hiked penalties for breath sample refusals Michael Moldaver

The Supreme Court of Canada has for the first time provided guidance on the 2008 Criminal Code reforms that hiked penalties — and created two new offences — for refusing to provide a breath sample in impaired driving cases where death or bodily harm occurs. ... [read more]

Friday, June 29, 2018 @ 9:34 AM

Withdrawal of an uninformed guilty plea not_guilty_sm

A guilty plea constitutes a formal admission of guilt to the crime with which an accused is charged. It relieves the Crown of its burden to prove guilt beyond a reasonable doubt and constitutes a waiver of constitutional right to a trial. The accused’s decision to plead guilty is, thus, fundamentally subjective and deeply personal. ... [read more]

Friday, June 29, 2018 @ 8:55 AM

PRISON ADMINISTRATION - Conditions and treatment

Appeal by the defendant, the federal Crown, from partial summary judgment granted in favour of the plaintiffs. ... [read more]

Friday, June 29, 2018 @ 7:23 AM

New rules broaden security vetting of cannabis players but past crimes don’t automatically bar them from industry Eileen McMahon

The Trudeau government’s aim of barring organized crime from infiltrating the legalized adult-use cannabis industry is reflected in the sweeping new security clearance rules that will apply to owners, directors, controlling influences and other key players in the multibillion-dollar industry set to launch here in October. ... [read more]

Thursday, June 28, 2018 @ 1:02 PM

Court of Appeal decision highlights issues faced by self-represented litigants, expert says Julie Macfarlane sm

The Ontario Court of Appeal has granted a self-represented litigant leave to appeal a speeding ticket in an endorsement legal experts say will provide guidance to the courts below. In R. v. Morillo 2018 ONCA 582 the court heard that Lindsey Morillo, the moving party, was charged with speeding on Highway 2 in the Region of Durham. The traffic officer claimed that Morillo was travelling at 107 kilometres per hour in a 70 km/h zone. ... [read more]

Thursday, June 28, 2018 @ 7:46 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity

Appeal by the Crown from an order excluding evidence at the trial of the accused, Campbell. ... [read more]

Wednesday, June 27, 2018 @ 2:46 PM

What to make of Canada’s proposed deferred prosecution agreements maninsuitdesk_sm.jpg

Imagine this: new management of a Canadian construction company (Company A) discovers unusual payments that the former chief financial officer authorized to a company wholly owned by the Minister of Infrastructure of a developing country (Country A). Shortly after the payments were made, Company A won a lucrative contract to build a new road in Country A. New management suspects that the payments may have been bribes, but decides not to investigate: why risk a criminal investigation when regulators might not even notice the transactions? ... [read more]