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Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Wednesday, December 19, 2018 @ 9:19 AM

The recriminalization of marijuana mansmokingweed.jpg

Marijuana has been “legalized” in Canada. That means people will no longer be criminally prosecuted for possession, production or distribution of marijuana … right? Wrong. ... [read more]

Monday, December 17, 2018 @ 1:33 PM

Texting drivers to be hit with fines, three-day suspensions, $198 reinstatement fees Cartocop_sm.jpg

New changes to Ontario’s Highway Traffic Act (HTA) come into force on Jan. 1, 2019. The most significant for many people are the changes relating to driving with screens or hand-held communications devices; i.e., texting while driving. ... [read more]

Monday, December 17, 2018 @ 8:45 AM

Tailor release conditions to individual circumstances, legal advocacy group urges Darcie Bennett, Pivot Legal Society

Court-imposed conditions on release are doing more harm than good and are at cross-purposes with strategies of harm reduction, says a report from a Vancouver-based social justice advocacy group. ... [read more]

Monday, December 17, 2018 @ 6:24 AM

CONSTITUTIONAL ISSUES - Legal rights - Trial within a reasonable time

Appeal by the accused, Noftall, from the refusal of a judicial stay based on a violation of his s. 11(b) Charter rights. ... [read more]

Friday, December 14, 2018 @ 1:34 PM

SENTENCING - Particular sanctions - Victim fine surcharge

Boudreault and others appealed the rulings from four different applications to challenge the constitutionality of the mandatory victim surcharge under s. 737 of the Criminal Code. ... [read more]

Friday, December 14, 2018 @ 11:16 AM - Last Updated: Monday, December 17, 2018 @ 8:14 AM

Top court strikes down mandatory victim surcharge for imposing cruel and unusual punishment on poor Justice Sheilah Martin

The Supreme Court has 7-2 struck down the mandatory victim surcharge enacted by the former Conservative government because it inflicts cruel and unusual punishment on impecunious offenders. In allowing Dec. 14 four defence appeals from Ontario and Quebec Court of Appeal judgments which upheld the mandatory surcharge’s constitutionality, Justice Sheilah Martin declared invalid s. 737 of the Criminal Code with immediate effect: R. v. Boudreault 2018 SCC 58. ... [read more]

Thursday, December 13, 2018 @ 3:19 PM - Last Updated: Friday, December 14, 2018 @ 9:55 AM

SCC rules people can’t waive privacy rights of others in the digital devices they share Andromache Karakatsanis

The Supreme Court has ruled 9-0 that police violated an Ontario man’s Charter-protected right to be free from unreasonable search or seizure when they warrantlessly seized the home computer he shared with his spouse, with only her permission and not his. ... [read more]

Thursday, December 13, 2018 @ 1:46 PM

CONSTITUTIONAL ISSUES - Protection against unreasonable search and seizure - Remedies for denial of rights - Exclusion of evidence

Appeal by Reeves from a judgment of the Court of Appeal for Ontario setting aside a decision excluding child pornography evidence to be used against him. ... [read more]

Thursday, December 13, 2018 @ 8:17 AM

CRIMINAL CODE OFFENCES - Arson

Appeal by the accused, Ludwig, from convictions for arson-related offences. ... [read more]