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Tuesday, June 08, 2021 @ 11:19 AM

Private driveway impaired ruling might alter police procedure Policeman at front door of house

The Highway Traffic Act (HTA), as its name would imply, generally applies to things that happen on highways. Highway is defined in a very inclusive manner to include almost every imaginable path that “is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.” This means that even the ditch or avenue beside the driven portion of the road forms part of the highway if it is owned as part of the property of the highway. The HTA can also apply to illegal actions which begin on a highway but travel off of it, such as an accident where a person crashes onto private property. ... [read more]

Tuesday, June 08, 2021 @ 9:50 AM

Quebec legal experts question decision striking down ISP-blocking legislation Maxime St-Hilaire, professor at the Université de Sherbrooke

A Quebec legislative provision that compelled Internet service providers to block unauthorized gaming websites has been found unconstitutional by the Quebec Court of Appeal as it infringes on areas of exclusive federal jurisdiction. Following in the footsteps of several European nations, including Cyprus, Denmark and Romania, the Quebec government amended the Consumer Protection Act (Act) in 2016 via an omnibus budget bill to introduce a provision that obliged Internet service providers (ISPs) to implement blocking measures to prohibit Quebec residents from accessing unauthorized gambling websites. ... [read more]

Tuesday, June 08, 2021 @ 9:42 AM

The utility and viability of defence of provocation | Serena Eshaghurshan

In this article, I will discuss the contemporary discourse surrounding the defence of provocation. Some of this discussion is based on a paper I wrote last semester. In recent times, there has been concern that the defence is disproportionately used in gender-based violent crimes. ... [read more]

Tuesday, June 08, 2021 @ 6:12 AM

APPEALS - Grounds - Miscarriage of justice

Appeal by the accused, Crowe, from impaired care and control of a motor vehicle. Police responded to a 911 call requesting assistance to remove intoxicated individuals from a residence. ... [read more]

Monday, June 07, 2021 @ 3:09 PM

Addario Law Group hires new associate

Addario Law Group welcomed associate Omar Said to its criminal defence practice. ... [read more]

Monday, June 07, 2021 @ 9:42 AM

Trial judge’s sense client tailored evidence highlights ‘impermissible error,’ counsel says Michael Crystal, criminal defence lawyer

A new trial has been ordered in a sexual assault case after the Ontario Court of Appeal found that the trial judge erred when she “discounted the appellant’s credibility on the basis that he had ‘reconstructed’ or ‘fabricated’ ” a discussion between him and the complainant “after attending his trial and hearing the complainant’s evidence.” ... [read more]

Monday, June 07, 2021 @ 9:14 AM

CONTROLLED DRUGS AND SUBSTANCES - Constructive possession

Appeal by the accused, Chui, from a conviction for two counts of possession for the purpose of trafficking and possession of property obtained by crime. Police conducted surveillance of an apartment property after a tip from a confidential informant. ... [read more]

Monday, June 07, 2021 @ 8:43 AM

Mea culpa | John L. Hill

I have always maintained that I learned more from cases in court where I was unsuccessful than in those cases where I claimed victory. In late May I submitted an opinion piece to The Lawyer’s Daily that was published on a Monday. Within minutes after its publication, I received an e-mail from Harold A. Maio, a retired mental health editor from Fort Myers, Fla. He rightly objected to the use of phraseology “the mentally ill” that was quoted in the piece that was published. It was noted that the term “the mentally ill” has been used without objection by the late Antonin Scalia in at least two cases that came to the United States Supreme Court (District of Columbia v. Heller in 2008 and McDonald v. City of Chicago in 2010). Despite that fact, the term is objectionable. The preferable manner for expressing the thought would have referenced “prisoners with mental illness.” ... [read more]

Friday, June 04, 2021 @ 3:00 PM

LEAF calls on feds to hold companies accountable for online violence Cynthia Khoo, lawyer

Digital platforms such as Twitter, YouTube, Reddit and Facebook play a central role in the proliferation of online violence, abuse and harassment, especially posts targeted at women and other marginalized groups, and it’s time the federal government held these platform companies accountable, according to a new report from the Women’s Legal Education and Action Fund (LEAF) in Toronto. ... [read more]

Friday, June 04, 2021 @ 9:37 AM

MMIWG action plan calls for addressing gender- and race-based violence, public education campaign Prime Minister Justin Trudeau

Ottawa is promising to take immediate steps to deal with systemic racism and gender-based violence against Indigenous peoples after the release of a long-awaited action plan to address the issues identified by the national inquiry into missing and murdered Indigenous women and girls (MMIWG). ... [read more]