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Wednesday, August 30, 2017 @ 02:59 PM

Alberta launches consultations on street checks Steven Penney

The government of Alberta's decision to undertake community consultations on street checks, also known as carding, is being praised by members of the province's legal community. ... [read more]

Tuesday, August 29, 2017 @ 12:32 PM

Appeal Court overturns damage awards to inmates who alleged mistreatment Alison Craig

Two Ontario inmates awarded damages after claiming to have been mistreated through frequent jailhouse lockdowns have lost on appeal after it was found the lower-court judge “significantly overstated” what the men endured. ... [read more]

Tuesday, August 29, 2017 @ 08:43 AM

R. v. Abbey: Same expert, same evidence but a very different outcome

In a turn of events that can only be called exceptional, the Ontario Court of Appeal, in R. v. Abbey 2017 ONCA 640, reversed a 2011 conviction for first degree murder. The court ruled that expert evidence which it had previously found to have been wrongly excluded, resulting in the reversal of an acquittal in 2009, would likely not have been admitted at the re-trial having regard to the fresh evidence filed on the second appeal. ... [read more]

Tuesday, August 29, 2017 @ 07:19 AM

Duffy's lawsuit against Senate seeks millions in damages Lawrence Greenspon

Independent Sen. Mike Duffy is returning to the courts seeking nearly $8 million in damages in a civil action against the Senate, which he claims violated his Charter rights by suspending him, along with his salary and benefits following its investigation of his residency, travel claims and expenses, and the RCMP, which he alleges is liable for negligent investigation in laying 31 criminal charges against him that were dismissed last year in a high-profile trial. ... [read more]

Monday, August 28, 2017 @ 12:44 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Right to retain and instruct counsel without delay - Remedies for denial of rights

Appeal by the accused from convictions on four counts of armed robbery, four counts of forcible confinement and breaking and entering a dwelling house to commit an indictable offence. ... [read more]

Friday, August 25, 2017 @ 02:21 PM

Feds' public polling on minimum sentencing questioned by criminal lawyers Eric Gottardi

Criminal lawyers are scratching their heads as to why the Liberal government is polling the public on loosening mandatory minimum sentencing put in place as part of the previous Conservative government’s tough-on-crime agenda. ... [read more]

Friday, August 25, 2017 @ 11:26 AM

B.C. Appeal Court overturns sexual assault conviction due to 'fatal error of analysis'

The B.C. Court of Appeal has overturned a conviction in a sexual assault case after it ruled the trial judge committed a “fatal error of analysis” in shifting the burden of proof to the defendant, but a University of British Columbia law professor is calling the decision "puzzling." ... [read more]

Friday, August 25, 2017 @ 08:39 AM

New sexual assault laws riddled with Charter violations

In a Canada where Ghomeshi never happened, it is likely that significant changes to our sexual assault laws would not be in the hopper at the House of Commons. Nothing out of the ordinary or unprecedented happened in Ghomeshi. Basic principles of cross-examination taught in law school were utilized to impeach the complainants. To make full answer and defence, counsel must use all relevant information to protect their client. Defence lawyers should be worried about Bill C-51. ... [read more]

Friday, August 25, 2017 @ 08:37 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Scope

Appeal by the accused, Barbour, from her conviction for fraud over $5,000. ... [read more]

Thursday, August 24, 2017 @ 09:02 AM

The case for legislating police mental health training | Robert Karrass

The question often arises of where we draw the line between justifiable and unjustifiable use of force in police interactions. The answer is not a simple one but is generally summed up in two words… “Police Safety”. The idea is that officers who are charged with upholding the law and protecting members of our society, need to be able to protect themselves (and others) from actual or perceived harm. However, when officers are dealing with individuals experiencing a mental health crisis, the line becomes skewed. ... [read more]