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Criminal

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Wednesday, January 08, 2020 @ 6:22 AM

EVIDENCE - Methods of proof - Inferences - From conduct

Appeal by the accused from conviction and sentence for attempting to possess heroin for the purpose of trafficking. ... [read more]

Tuesday, January 07, 2020 @ 1:19 PM

Law doesn’t recognize any right to blockade, says judge in pipeline dispute

A B.C. Supreme Court judge has issued an injunction against members of a First Nation who have erected barriers to prevent the construction of a contentious natural gas pipeline and argue it does not have consent under the terms of their traditional, hereditary laws. ... [read more]

Tuesday, January 07, 2020 @ 8:40 AM

Cross-examination on motive to fabricate unfair in incest case, court rules Catriona Verner sm

The Ontario Court of Appeal has ordered a new trial for a man convicted of incest and sexual interference in relation to one of his daughters due to “improper” questioning on the motive to fabricate during cross-examination and failure to provide limiting instruction to the jury on a prior inconsistent statement. ... [read more]

Monday, January 06, 2020 @ 2:42 PM

Multiple masters: A modern lawyer’s dilemma | Gary Joseph

The website for the Law Society of Ontario (LSO) states that it exists to govern the legal profession in the public interest. LSO governs its members through the Rules of Professional Conduct (the Rules). Professional standards for lawyers are governed by these regulatory codes but also by legal standards determined and imposed by the courts and by statute. The distinction between regulatory and court-imposed standards are often theoretical but at times not. The most recent example of where these standards may conflict can be found in the now resolved dispute between lawyer Joseph Groia and the LSO. ... [read more]

Monday, January 06, 2020 @ 2:14 PM

Saskatoon lawyer questions police use of database after client’s unlawful arrests Blaine_Beaven_sm

A criminal lawyer in Saskatoon is calling on his city’s police to “do a better job” of maintaining its database after a former client was arrested multiple times despite being granted a prior stay of proceedings. ... [read more]

Monday, January 06, 2020 @ 12:14 PM

Why Ghomeshi amendment likely headed for Supreme Court | Sam Goldstein

There are many ways to skin a cat. That’s the lesson R. v. W.M. 2019 ONSC 6535 teaches us. At issue was the Liberal criminal law reform that requires the defence in sexual assault trials to hand over to the Crown any complainant communications in its possession and give the complainant an automatic right to take part in an admissibility hearing into those communications.   ... [read more]

Monday, January 06, 2020 @ 10:37 AM

Ruby Shiller adds counsel

Ruby Shiller Enenajor DiGiuseppe, Barristers announced that Lisa Jørgensen has joined the firm as counsel. ... [read more]

Monday, January 06, 2020 @ 9:02 AM

EVIDENCE - Admissibility - Prejudicial - Shifting burden

Appeal by the accused from conviction for sexual assault. ... [read more]

Friday, January 03, 2020 @ 2:58 PM

Mr. Big secures conviction in New Zealand maninspotlight2.jpg

John Henry Wigmore once declared that a confession “carries a persuasion that nothing else does.” His admonition was illustrated recently in a Mr. Big case in New Zealand. ... [read more]

Friday, January 03, 2020 @ 6:20 AM

DEFENCES - Defence of property

Appeal by the accused from conviction for pointing a firearm at the complainant. ... [read more]