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Thursday, June 16, 2022 @ 11:14 AM

Drug sentencing: Deterrence meets punishment, revisited Stop Fentynal

Recent cases on sentencing when the offence includes possession or trafficking in fentanyl demonstrate how lengthy imprisonment is the fall-back position in sentencing a convicted offender. I have earlier commented on the British Columbia case R. v. Gill 2022 BCCA 127 where an attempt to substantially lessen a conviction for serious drug possession was thwarted, and a strong dissent that stiff penitentiary terms must stat in place. A recent case in Ontario shows our Court of Appeal is similarly intransigent and falls back on the use of general deterrence in the illusory belief that harsh sentencing will curb the sale of dangerous drugs. ... [read more]

Thursday, June 16, 2022 @ 9:26 AM - Last Updated: Thursday, June 16, 2022 @ 11:03 AM

LSO treasurer role passes from woman to woman for first time as board elects Horvat (L-R) Jacqueline Horvat and Teresa Donnelly

On June 15, the Law Society of Ontario (LSO) benchers elected Jacqueline Horvat as treasurer for the 2022-23 term. “For the first time in 225 years, the role of treasurer will pass from a woman to a woman. Congratulations to treasurer-elect Jacqueline Horvat,” said current treasurer Teresa Donnelly in a Twitter post. ... [read more]

Wednesday, June 15, 2022 @ 2:18 PM - Last Updated: Wednesday, June 15, 2022 @ 3:37 PM

Debate in Ontario over whether online gambling will cause more addiction Michael Cameron, Borden Ladner Gervais LLP.

Lawyers and experts are divided over whether Ontario’s legalization of online gambling will lead to increased rates of addiction. ... [read more]

Wednesday, June 15, 2022 @ 1:20 PM

Cybersecurity bill features offences, gags, AMPs and broad ‘compliance orders’ for businesses Marco Mendicino

Ottawa has introduced sweeping cybersecurity legislation with novel features aimed at defending critical infrastructure in the federally regulated sectors of finance, telecommunications, energy and transportation from the rising tide of electronic espionage, ransomware and other “malicious cyber activity.” ... [read more]

Wednesday, June 15, 2022 @ 10:48 AM

Drug sentencing: Where general deterrence bumps up against punishment Stop Fentynal

A judge once remarked to me that sentencing is the toughest job he had to do. A proper sentence should punish an offender but not stifle the ability to make a successful return to society. On the other hand, faith in our judicial system must satisfy the public’s need for vengeance because the offender has torn the fabric of society. ... [read more]

Wednesday, June 15, 2022 @ 10:01 AM

If judges are biased there, are they biased here? Four questions Head with question marks

If it walks like a duck and quacks like a duck, is it a duck? Indiana research shows that judges there are biased against self-reps and see their cases as less meritorious than those of parties with counsel. Results shown in Ontario’s superior court are what that research predicts. Does that mean our judges are biased too? We ask four questions. There are no happy answers. ... [read more]

Wednesday, June 15, 2022 @ 9:30 AM

Heinen Hutchinson adds partner

Henein Hutchison LLP welcomed Jennifer (Jenny) Brevorka to the firm’s partnership.  ... [read more]

Wednesday, June 15, 2022 @ 5:37 AM

APPEALS - Grounds - Miscarriage of justice

Appeal by Bauer from his conviction of three counts of sexual assault on the ground of ineffective assistance of counsel. Bauer was sentenced to 21 months of jail for the alleged sexual assault of the complainant. The only witness called at trial was the complainant. She testified that on three occasions, Bauer woke her up during the night and forced vaginal intercourse without her consent. ... [read more]

Tuesday, June 14, 2022 @ 11:24 AM

Decision proves automatism defence requires expert evidence Question marks

It’s every criminal defence lawyer’s worst nightmare. The court date arrives on a “he said, she said” sexual assault trial, the cross-examination of the complainant goes badly. Counsel tries to suggest an automatism defence but has no expert evidence to substantiate it. A conviction results and then the accused claims ineffective representation of counsel. Has a miscarriage of justice taken place? ... [read more]

Tuesday, June 14, 2022 @ 9:16 AM

‘Nomadic nature’ of Métis recognized by Saskatchewan court Kathy Hodgson-Smith

A recent ruling by Saskatchewan’s Appeal Court entitles Métis in the province to identify themselves as a “historic” and “mobile” Indigenous people, says a lawyer acting for men headed for a new trial for allegedly hunting and fishing outside designated land. ... [read more]