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Friday, September 08, 2017 @ 12:13 PM

SCC clarifies judicial review of diplomatic assurances in extradition cases Michael Moldaver

In an important extradition ruling, the Supreme Court has unanimously upheld Ottawa’s decision to surrender two Canadians to India to face charges that the pair arranged the murder 17 years ago of a family member in Punjab who had married against their wishes. ... [read more]

Friday, September 08, 2017 @ 08:41 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure - Remedies for denial of rights

Appeal by the accused from convictions for firearms and drug offences. ... [read more]

Thursday, September 07, 2017 @ 03:52 PM

Testimony of officers who face allegations poses challenge for lawyers Tina_Kaye_sm

Criminal defence lawyer Tina Kaye has some tough questions for Toronto Police Const. Michael Theriault. ... [read more]

Wednesday, September 06, 2017 @ 08:58 AM

Safe injection site exemption should be expanded to marijuana dispensaries | Aaron Harnett

On August 21, Toronto welcomed its first “legal” safe injection site, The Works, located near Yonge Street and Dundas. Given that the drugs being injected by the patients are still highly illegal, there is often confusion about the legal status of these safe injection sites. Are the health workers a party to the possession of the controlled substance by aiding or abetting their use? Are the patients themselves liable to arrest for possession? ... [read more]

Tuesday, September 05, 2017 @ 09:05 AM

SENTENCING - Particular sanctions - Fines - Forfeiture - Sentencing considerations - Procedure - Jurisdiction to impose sentence

Appeal by the Crown from the sentencing judge’s refusal to impose a fine in lieu of forfeiture on Rafilovich. ... [read more]

Tuesday, September 05, 2017 @ 08:42 AM

Beware of media, say lawyers after televised recording of breath test leads to acquittal Bruce_Daley_sm

Lawyers say defence counsel and their clients must always be aware of those watching and listening following the acquittal of a driver who had his failed roadside breath test and legal consultation recorded by a TV news station. ... [read more]

Tuesday, September 05, 2017 @ 08:38 AM

Limited sentencing: How judges can affect crime rates | Anthony Doob and Rosemary Gartner

Canadian criminal justice policy documents from groups of various political persuasions have, for many decades, expressed concern about unnecessary use of imprisonment. One of the reasons that these views of imprisonment make sense is that prisons, though undoubtedly necessary for some who have offended, cause problems for those who have never committed offences: the children of those who are imprisoned. ... [read more]

Friday, September 01, 2017 @ 01:51 PM

Inadequate jury instructions bring new trial for convicted murderer Julie Bolduc

The Quebec Court of Appeal has ordered a new trial for a man convicted of killing three people, saying the trial judge provided inadequate instructions to the jury. ... [read more]

Friday, September 01, 2017 @ 08:38 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Life, liberty and security of person - Presumption of innocence - Protection against cruel and unusual punishment

Appeal by Morrison from his conviction for child luring by means of a computer pursuant to s. 172.1(1)(b) of the Criminal Code and from the trial judge’s decision regarding the constitutionality of ss. 172.1(3) and (4) of the Criminal Code. ... [read more]

Thursday, August 31, 2017 @ 11:46 AM

Indigenous youth workshop results in ideas for access to justice apps Nicole Aylwin sm

Over 25 Indigenous youth from across Ontario gathered in Thunder Bay to brainstorm technological solutions that could improve access to justice in their communities. Their ideas, inspired by their own experiences, ranged from teaching youth about their rights to building better relationships with law enforcement. ... [read more]