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Criminal

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Friday, August 23, 2019 @ 11:00 AM - Last Updated: Monday, August 26, 2019 @ 10:34 AM

Judges facing firing for misconduct would no longer build pension while fighting removal

Ottawa is working on a draft law to stop federal judges whose firing has been recommended by the Canadian Judicial Council (CJC) from continuing to build up their lucrative pensions as they unsuccessfully challenge their proposed removal for months or years at taxpayers’ expense. ... [read more]

Friday, August 23, 2019 @ 8:25 AM

Saskatchewan judge hearing sex assault case calls new reverse disclosure law ‘invalid’

A Saskatchewan provincial court has affirmed the “fundamental importance” of an accused's right to fully challenge a complainant at trial, says a lawyer following a ruling in which new laws allowing parts of the defence’s evidence to be seen in advance by the other side were deemed unconstitutional in that case. ... [read more]

Friday, August 23, 2019 @ 6:34 AM

CONSTITUTIONAL ISSUES - Legal rights - Protection against arbitrary detention or imprisonment

Appeal by the accused from conviction for possession of a controlled substance for the purpose of trafficking. ... [read more]

Thursday, August 22, 2019 @ 1:00 PM

Law society aims to save role of paralegals, law students and articling students post-Bill C-75 Malcolm_Mercer_sm

At its next Convocation, the Law Society of Ontario (LSO) will vote on regulatory changes for paralegals, law students and articling students in a bid to keep non-lawyer agents in play when new federal rules come into force barring them from acting in summary offence cases. ... [read more]

Thursday, August 22, 2019 @ 11:13 AM

‘Stripping away’ Charter rights: Ontario’s problem with strip searches Womanincell

Almost two decades after the Supreme Court of Canada (SCC) released its landmark ruling in R. v. Golden [2001] 3 S.C.R. 679 in which the court set out the legal parameters surrounding justifiable strip searches, police forces across Ontario are continuing to have difficulty with adhering to these legal precepts. ... [read more]

Wednesday, August 21, 2019 @ 2:43 PM - Last Updated: Wednesday, August 21, 2019 @ 3:47 PM

SNC-Lavalin report shows need for strict protocols for politicians’ interactions with AG in prosecutions Mario Dion

The attorney general — and only the attorney general — may decide if overruling the Director of Public Prosecutions (DPP) in a criminal prosecution is in the “public interest” — even if the prime minister and senior government officials question the AG’s due diligence and motives, or believe she otherwise failed to properly assess the public interest. ... [read more]

Wednesday, August 21, 2019 @ 10:58 AM

Why Ontario’s victim compensation bill will hurt those it’s designed to help Child,woman,first_sm.jpg

In April, the Conservative government of Ontario announced its plans to repeal the Compensation for Victims of Crime Act in the 194-page bill tabled as part of the Finance minister’s budget measures. Bill 100, titled Protecting What Matters Most Act, would also dissolve Ontario’s Criminal Injuries Compensation Board, the tribunal that has awarded financial assistance to victims of crime since 1971. ... [read more]

Wednesday, August 21, 2019 @ 7:09 AM

PROCEDURE - Jury - Questions by jury - Trial judge’s duties

Appeal by the accused from convictions of sexual offences against VB. ... [read more]

Tuesday, August 20, 2019 @ 8:27 AM

APPEALS - Grounds - Miscarriage of justice

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

Monday, August 19, 2019 @ 2:00 PM

Lawyers on access to justice Day of Action multiracialcrowd

Access to justice has two different but intersecting meanings. The first focuses on ensuring that a person who interacts with the justice system can do so with the legal and expert assistance they need to navigate a complex, and often perplexing, system. ... [read more]