Areas of
Practice

Criminal

Latest

Wednesday, September 21, 2022 @ 11:45 AM

Post-peremptory jury selection issue in Court of Appeal decision jury

Do men and women decide what is a fact differently? Would an all-male or and all-female jury come to different conclusions as to what is a fact in particular situations? If so, were all jury verdicts in the past, where the juries were not diverse, incapable of perceiving the truth? Or has our 21st century acceptance of the need for equality of the sexes demonstrated a fundamental flaw in our judicial system when juries are composed disproportionately of one gender? ... [read more]

Wednesday, September 21, 2022 @ 8:22 AM

Is adequacy of reasons question of law on appeal? | Sara Blake

In Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board) 2011 SCC 62, the Supreme Court of Canada ruled that the adequacy of a tribunal’s reasons for decision is not a stand-alone ground of judicial review. ... [read more]

Wednesday, September 21, 2022 @ 6:22 AM

PROCEDURE - Jury - Empanelling - Trial judge's duties - New trial, grounds for

Appeal by Azzi from his conviction on one count of sexual assault. Azzi was charged with two counts of sexual assault and one count of harassment of the female complainant. He elected trial by judge and jury. Jury selection commenced three months after the amendments to Bill C-75, concerning jury selection, came into effect on September 19, 2019. ... [read more]

Tuesday, September 20, 2022 @ 3:08 PM

Ukraine, Russia and the International Court of Justice, part six World Court

A Declaration of Intervention is the procedure wherein a third party receives the permission of the International Court of Justice to join a lawsuit, which has already commenced between other parties and to file a complaint as long as the facts and issues apply to the intervener. ... [read more]

Tuesday, September 20, 2022 @ 2:14 PM

Looking back on two decades of working for human rights | Noa Mendelsohn Aviv

Twenty years ago today, when I joined the Canadian Civil Liberties Association, I knew I had come to the right place. Alan Borovoy, then executive director and general counsel, and deeply committed to fundamental rights, not only tolerated differences of opinion, he encouraged them. He had just published a book called When Freedoms Collide and recognized the many ways in which rights can come into conflict with other rights or other fundamental values. ... [read more]

Tuesday, September 20, 2022 @ 9:21 AM

Appeal Court decision ameliorates evidence of bias Brain

As one who has practised prison law for decades, I have maintained a sense that within our criminal justice system there is an unacknowledged caste system. I fear that sometimes justice is meted out unequally; i.e., well-to-do Anglo businessmen are treated more deferentially than, say, impoverished Indigenous accused persons. Of course, there are other factors that contribute to social stratification, but my concern has always been that within the justice system, everyone should be treated equally. ... [read more]

Tuesday, September 20, 2022 @ 6:02 AM

DEFENCES - Provocation

Appeal by Barrett from his conviction for second degree murder. Barrett and his romantic partner, Novak, lived together in a rooming house in Barrie. The deceased, Segota, lived next door. In the early morning hours of February 15, 2015, Barrett and Segota got into a fight. Barrett stabbed Segota 22 times and Segota died as a result. Barrett claimed that he acted in self-defence. ... [read more]

Monday, September 19, 2022 @ 3:50 PM

Cull of ‘huge mass’ of less-serious criminal cases could unclog Canada’s justice system: Moldaver Exclusive

Newly retired Supreme Court of Canada justice Michael Moldaver says the “bursting-at-the seams” criminal justice system could be saved from the risk of future collapse and irrelevancy by removing the “huge mass” of less serious criminal cases that could be fairly and more speedily handled via alternatives, including ticketing, diversion and reasonable plea deals and charge withdrawals. ... [read more]

Monday, September 19, 2022 @ 1:58 PM

Manitoba lawyers being asked about access to justice issues in province Gerard Kennedy, University of Manitoba.

Manitoba’s law society and a local scholar are seeking answers from the legal profession in a bid to research — and ultimately help tackle — access to justice problems in the province. ... [read more]

Monday, September 19, 2022 @ 11:06 AM

Needed: More small-town lawyers | Neha Chugh

It was an average court appearance almost a decade ago, I was in the early stages of my new solo practice in Cornwall, Ont. I had gone to law school and articled in Toronto and spent the first two years of private practice in Ottawa. My spouse’s new job had taken me to Cornwall, nestled between Ottawa and Montreal, on the St. Lawrence River. ... [read more]