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Friday, February 23, 2018 @ 3:57 PM

Sleeper SCC ruling on defective police cautions will spark new defence bids to exclude evidence Russell Brown

A sleeper Supreme Court judgment that recently threw out a man’s sexual assault conviction because Edmonton police elicited an inculpatory statement from him using a flawed standard caution will generate defence bids to exclude similarly tainted evidence in Alberta, Ontario and any other jurisdictions which also have constitutionally defective standard police cautions, predicts the Edmonton defence counsel who won the case. ... [read more]

Friday, February 23, 2018 @ 12:20 PM

Shock, disappointment over federal appeal of B.C. solitary confinement decision Debra Parkes, UBC Peter A. Allard School of Law

The federal government has announced it is going to appeal a B.C. Supreme Court ruling that solitary confinement is unconstitutional, a decision that legal experts are calling disappointing in that it will lead to delay in making changes to a practice that has been called into question at multiple levels of court. ... [read more]

Friday, February 23, 2018 @ 9:28 AM

Law Society of Ontario approves Ryerson law school program Peter Wardle sm

Ryerson University’s proposed law school has reached another benchmark in the approval process as the Law Society of Ontario (LSO) has backed the Federation of Law Societies of Canada’s (FLSC) preliminary endorsement of the program. ... [read more]

Friday, February 23, 2018 @ 8:33 AM

Wettlaufer inquiry could mean big changes for long-term care facilities nursing_home_sm

One of the most agonizing decisions that an individual has to make is admitting a family member into a long-term care facility. It can be anticipated that in the June 2018 Wettlaufer Public Inquiry, lead by the Honorable Justice Eileen Gillese through the evidence presented will be a compelling argument for the need for more funding to be granted to hire additional qualified health care professionals. ... [read more]

Thursday, February 22, 2018 @ 2:42 PM

Timely justice in Nunavut starts with Ottawa, says lawyer James_Morton_sm

If there is going to be timely justice in Canada’s North, Ottawa must open its wallet. This is the view of at least one criminal lawyer following a Nunavut judge’s passionate dressing down of time limits set out by the Supreme Court of Canada when it comes to cutting down delay in criminal proceedings. ... [read more]

Thursday, February 22, 2018 @ 1:15 PM

Panel debates Jordan, Charter breaches Paul Zambonini, Kim Schofield, and Kent Roach

Despite its bright lines about timelines, the R. v. Jordan 2016 SCC 27 decision has created murkiness about seriousness and exceptionality, not to mention stays and alternative Charter remedies. ... [read more]

Thursday, February 22, 2018 @ 10:36 AM

Political commentary on Stanley verdict enters dangerous territory | Clayton Ruby and Annamaria Enenajor

The outrage on the part of politicians that followed the acquittal of Gerald Stanley for the 2016 death of Colten Boushie is appropriate, but it should not be directed toward the outcome of this case; rather it should be directed toward the root causes of the injustice that this case represents to so many. We require action on the part of our political leaders, not abstract rhetoric on how we can and must do better. ... [read more]

Thursday, February 22, 2018 @ 9:20 AM

Self-defence factor in new trial for sex worker who stabbed client

The “totality of the circumstances” must be assessed when self-defence is used to ward off sexual assault — no matter who’s involved, says one lawyer after a new trial was ordered for a “drug-addled” prostitute accused of knifing a john. ... [read more]

Wednesday, February 21, 2018 @ 2:36 PM

Technology slowly coming to Ontario’s court system Christopher_Johns_and_Chantelle_Spagnola

Progress is being made to modernize Ontario’s court system, even if that progress seems to be happening at a less-than-rapid pace. ... [read more]

Wednesday, February 21, 2018 @ 10:44 AM

Alberta Appeal Court decision on trial delay could be benchmark for province: law prof Lisa Silver, University of Calgary Faculty of Law

The Alberta Court of Appeal has ordered a new trial for a man who had a charge of first degree murder against him dropped due to delay, and a law professor at the University of Calgary says the decision provides increased clarity for provincial courts grappling with delay issues after the Supreme Court’s landmark Jordan decision put a new time frame on getting issues to trial. ... [read more]