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Monday, March 04, 2019 @ 9:25 AM

Ontario decision highlights when provocation must be left to jury to consider: lawyer Mark Halfyard sm

The Ontario Court of Appeal has ordered a new trial for a man convicted of second-degree murder in a decision, counsel says, shows provocation as a defence has to be considered by a jury, provided there’s an air of reality to the defence. ... [read more]

Monday, March 04, 2019 @ 9:19 AM

PROCEDURE - Trials - Costs

Appeal by defence counsel from an order to pay costs personally. ... [read more]

Friday, March 01, 2019 @ 5:22 PM - Last Updated: Friday, March 01, 2019 @ 5:42 PM

Government to scrap pardon fee, wait times but only for those convicted of simple cannabis possession Ralph Goodale

The Liberal government has introduced its much anticipated “pardons” bill to enable people with simple cannabis possession convictions, and no other convictions, to obtain record suspensions, via an expedited application process handled administratively by National Parole Board (NPB) officials, without the normal years-long wait times and hefty $631 application fee. ... [read more]

Friday, March 01, 2019 @ 12:51 PM

Wilson-Raybould affair: A primer on ‘legalities’ | Heather MacIvor

On Feb. 27, former federal Attorney General Jody Wilson-Raybould made troubling allegations about disregard for the rule of law at the highest level of the Canadian government. She told the House of Commons Justice Committee that the prime minister and his most senior advisers, along with the clerk of the Privy Council and the Finance minister, sought to interfere in the prosecution of Quebec-based company SNC-Lavalin on charges including the alleged bribery of Libyan officials. Over a period of four months, she said, she had been repeatedly “urged … to take partisan political considerations into account — which it was clearly improper for me to do.” ... [read more]

Thursday, February 28, 2019 @ 10:27 AM

Ex-AG alleges PM, senior officials tried to ‘politically interfere’ in SNC case; Trudeau ‘completely disagrees’ Jody Wilson-Raybould

In an accusation strenuously denied by Prime Minister Justin Trudeau, Jody Wilson-Raybould alleged that before he removed her as attorney general of Canada last month, she and her then-chief of staff experienced sustained “very inappropriate” political interference and escalating “extraordinary” pressure from senior government officials, including the prime minister and Clerk of the Privy Council Michael Wernick, to reverse her decision last fall not to shelve the criminal bribery prosecution of Montreal-based construction giant SNC-Lavalin in favour of a negotiated deferred prosecution agreement (DPA). ... [read more]

Thursday, February 28, 2019 @ 8:40 AM

POWERS OF SEARCH AND SEIZURE - Forfeiture of items seized

Appeal by the respondent from an order for civil forfeiture of property. ... [read more]

Thursday, February 28, 2019 @ 6:43 AM - Last Updated: Thursday, February 28, 2019 @ 1:19 PM

B.C. bar association president ‘hesitantly optimistic’ about pledge to fund new legal clinics Margaret Mereigh, president, Canadian Bar Association, B.C. Branch (CBABC)

The B.C. government announced plans to establish legal clinics across the province in its most recent budget, but details are scarce about their location or what areas of law they will provide services in. ... [read more]

Wednesday, February 27, 2019 @ 2:27 PM

Obstruct justice prosecution of PMO officials for ‘undue pressure’ on AG an uphill battle Kenneth Jull

A prime minister or his officials would not be obstructing justice simply because an attorney general believes their good-faith communications to him or her about public interest considerations in a criminal prosecution unduly pressured him or her to negotiate a deferred prosecution agreement (DPA) with a company, some lawyers suggest. ... [read more]

Wednesday, February 27, 2019 @ 12:17 PM

Your Honour: I tip my wig to you | Marcel Strigberger

I retired from my litigation practice in the Greater Toronto Area after over four decades in the trenches. I often wanted to express my thoughts about judges in general. All lawyers know they are supposed to act with courage and candour. ... [read more]

Tuesday, February 26, 2019 @ 12:45 PM

B.C. Appeal Court decision widens scope of probation orders: law prof Isabel Grant, UBC School of Law

The B.C. Court of Appeal has ruled the Criminal Code gives sentencing judges broad authority to impose “reasonable terms” in a probation order to protect society and facilitate an offender’s reintegration into the community, after a man argued restrictions on where he could live placed by his probation officer were improperly ordered. ... [read more]