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Tuesday, June 23, 2020 @ 11:23 AM

Police reform no panacea for racism in Canada | Jeffrey Hartman

News media is awash these days with calls for police reform in response to the killing of black men. These killings, of course, are not new phenomena but the extent of the backlash, while long present to a lesser degree, is. ... [read more]

Monday, June 22, 2020 @ 2:34 PM

B.C. decision on civil forfeiture could have impact outside province, lawyers say Gregory DelBigio

British Columbia’s legislation on civil forfeiture has been struck a blow by the courts after a judge ruled some of its provisions on seizing property were an unconstitutional intrusion on federal power. ... [read more]

Monday, June 22, 2020 @ 1:29 PM

Judicial responsibility towards those self-representing from segregation Handonprisonbar

On May 5, 2020, the Nova Scotia Court of Appeal released its decision overturning Justice Peter Rosinski’s dismissal of Maurice Pratt’s habeas corpus application. On appeal, Pratt was represented by Claire McNeil (Pratt v. Nova Scotia (Attorney General) 2020 NSCA 39). ... [read more]

Monday, June 22, 2020 @ 9:57 AM

World’s first restorative justice lab opens at Dalhousie University Jennifer Llewellyn

In the interests of justice — restorative justice — Dalhousie University opted to move forward with an historic initiative despite the constraints imposed by the current COVID-19 pandemic. As a result, the world’s first restorative justice lab is now up and running. “In a perfect world, you would have opened a physical space, but we decided not to hold off,” said Jennifer Llewellyn, a law professor at the Schulich School of Law and chair of the newly launched Restorative Research, Innovation & Education Lab (RRIELab). ... [read more]

Friday, June 19, 2020 @ 1:38 PM

Tribunal Watch Ontario concerned over shortage of adjudicators, possible shift to written submissions

Marion Overholt has seen the frustration on the faces of her clients. The executive director of Legal Assistance of Windsor (LAW) frequently helps low-income clients in critical, sometimes life-altering cases before Ontario’s adjudicative tribunals, including the Landlord and Tenant Board and the Social Benefits Tribunal. But, time and again, matters have been adjourned because of a shortage of adjudicators. ... [read more]

Friday, June 19, 2020 @ 12:01 PM

DOJ reappoints two, appoints chair to Judicial Compensation and Benefits Commission

The federal Department of Justice (DOJ) announced the reappointments of Margaret Bloodworth and Peter Griffin and the appointment of Martine Turcotte as chair to the Judicial Compensation and Benefits Commission. ... [read more]

Friday, June 19, 2020 @ 11:53 AM

Walking the self-determination walk | Ellis Ross

I’m a 55-year-old Aboriginal man born and raised on a reserve on the west coast of British Columbia. I had no intention or desire to be a leader but was always asked to step into these roles as I grew up. ... [read more]

Friday, June 19, 2020 @ 10:26 AM

Careless charges call for careful defence Coplight.jpg

Careless driving is the regulatory offence which fits between civil and criminal liability. It overlaps with both areas and gives rise to significant confusion. While criminal law exists to punish morally blameworthy acts and civil law exists to put people back in the position they were before incidents occurred, regulatory matters like careless driving exist to encourage good behaviour and work primarily to increase safety in otherwise risky activities that have useful social benefit. Driving is a highly regulated activity because of the high risks that exist. Regulation leads to predictability and safety.  ... [read more]

Friday, June 19, 2020 @ 9:52 AM

Lack of juror support adds to uncertain future for jury trials, says founder of commission Mark Farrant sm

As some judicial leaders question the future of civil juries, one jurors advocate is warning that the impact of COVID-19 could leave Canadian courts with a severe shortage of jurors when in-person trials resume, unless provinces provide improved support. ... [read more]

Friday, June 19, 2020 @ 5:45 AM

WORKPLACE HEALTH AND SAFETY - Offences and enforcement - Due diligence

Appeal by Kal Tire from its conviction under the Occupational Health and Safety Act for failing to ensure that a truck was rendered sufficiently inoperative while being serviced by one of its employees. ... [read more]