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Friday, August 31, 2018 @ 3:55 PM

‘Five eyes’ officials agree to seek to enable police access to private encrypted info Ralph Goodale

Canada and the other “five eyes countries” are convening an “extraordinary” meeting of senior officials responsible for criminal justice, border protection and law enforcement with the aim of finding new ways to boost cross-border information sharing and their fight against “serious criminal threats.”     ... [read more]

Friday, August 31, 2018 @ 12:10 PM

Amendments to gun charges not statute-barred, court rules in overturning acquittal

The Ontario Court of Appeal has set aside the acquittals of a man charged with carelessly storing a shotgun and ammunition in a decision that highlights the court’s broad powers to amend information in summary conviction trials. In R. v. Bidawi 2018 ONCA 698, the court heard that the respondent, Fawzi Bidawi, owned a private security company. He had a licence to operate the company, as well as licences to carry non-restricted and restricted firearms. ... [read more]

Thursday, August 30, 2018 @ 9:35 AM

SCC slated to examine whether Jordan’s time limits apply in provincial youth court Graham Johnson

An Edmonton youth whose s. 11(b) Charter claim of undue trial delay was rejected by the Alberta courts is appealing his convictions to the Supreme Court of Canada, his lawyer says. On Aug. 28, Alberta Court of Appeal Justices Thomas Wakeling and Brian O’Ferrall dismissed K.J.M.’s appeal from convictions in Alberta provincial court for aggravated assault and possession of a dangerous weapon. Justice Barbara Lea Veldhuis dissented, and would have stayed the charges for violating the appellant’s s. 11(b) Charter right to be tried within a reasonable time: R. v. KJM 2018 ABCA 278. ... [read more]

Thursday, August 30, 2018 @ 8:18 AM

CONSTITUTIONAL ISSUES - Remedies for denial of rights - Exclusion of evidence

Application by the accused, charged with possession of cocaine and marijuana for the purpose of trafficking, production, possession of proceeds of crime, and possession of cannabis resin, to exclude evidence. ... [read more]

Wednesday, August 29, 2018 @ 9:45 AM

Federal cabinet committees, ministers’ mandates rejigged; Blair to study full ban on handguns, assault weapons Justin Trudeau

As the Liberal government gears up for the federal election next year, Prime Minister Justin Trudeau has rejigged his cabinet committees and issued formal marching orders to the 10 cabinet ministers he shuffled or newly appointed last July, including border czar, Bill Blair. ... [read more]

Tuesday, August 28, 2018 @ 12:58 PM

As legal cannabis looms, Ottawa approves first roadside oral fluid drug screening equipment Justice Minister Jody Wilson-Raybould

With cannabis legalization fast approaching, Ottawa has approved for the first time roadside oral fluid drug screening equipment for use by the RCMP and provincial police forces in enforcing the Criminal Code’s prohibition of drug-impaired driving. ... [read more]

Tuesday, August 28, 2018 @ 12:21 PM

Acquisition of cannabis genetics could lead to bottleneck potvarieties_sm.jpg

Licensed cannabis producers face a major bottleneck sourcing legal genetic varieties for production. While there are thousands of cannabis strains on the black market, the challenge lies in transitioning these illicit strains into a regulated system. Consequently, many licensed producers are forced to purchase genetics from their competitors in order to diversify their product offerings. ... [read more]

Tuesday, August 28, 2018 @ 11:40 AM

N.S. Appeal Court averts drug test controversy in child protection case, says lawyer

Nova Scotia averted legal upheaval akin to the Motherisk scandal when an Appeal Court quashed a ruling that a drug test in a child protection case was inadmissible due to a Halifax lab’s lack of forensic accreditation, says a lawyer. The Nova Scotia Court of Appeal’s Aug. 17 decision in Nova Scotia (Minister of Community Services) v. J.M. 2018 NSCA 71 involves the drug testing of parents of a 9-year-old girl. ... [read more]

Tuesday, August 28, 2018 @ 9:25 AM

Rosen’s career comes full circle as he’s to receive CLA’s prestigious Martin medal John Rosen sm

Renowned criminal defence lawyer, John Rosen was away from the office when he heard the president of the Criminal Lawyers Association (CLA) was trying to get in touch with him. Rosen thought it was about a disgruntled client looking to switch lawyers, but Michael Lacey was actually trying to bestow something much greater. Rosen was shocked when Lacey said the CLA had awarded him the G. Arthur Martin Criminal Justice Medal. This award, created in honour of Goldwyn Arthur Martin, a distinguished lawyer and jurist, is presented in recognition of commitment to the advancement of criminal justice in Canada. ... [read more]

Monday, August 27, 2018 @ 12:24 PM

B.C. Appeal Court overturns acquittal in child removal case against convicted polygamist

The British Columbia Court of Appeal has overturned the acquittal of a convicted polygamist on charges of removing a child from Canada, saying the trial judge erred in his conclusions that the actus reus of the offence could only be made if the respondent was in Canada during the commission of the offence. The offence in question occurred in 2004, when James Oler was the bishop of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) in Bountiful, B.C. Warren Jeffs is the so-called “prophet” of the FLDS church and resides in the United States. ... [read more]