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Criminal

Latest

Wednesday, May 01, 2019 @ 8:15 AM

EVIDENCE - Hearsay rule - Exceptions - Dying declarations

Appeal by Nurse and Plummer from their convictions, by jury, of first degree murder. ... [read more]

Tuesday, April 30, 2019 @ 12:43 PM

Ontario still must do more to boost Indigenous representation on juries, scholars say Nicole_O'Byrne_sm

Ontario’s bid to expand the scope of potential jurors in the province is a step toward greater diversity in jury boxes, but additional changes are needed to boost the inclusion of Indigenous people, legal minds say. ... [read more]

Tuesday, April 30, 2019 @ 12:28 PM

Getting Punky off death row Dogalone

Not long ago, I wrote about so-called dangerous dogs and my experience with such cases over the past 19-plus years.   ... [read more]

Tuesday, April 30, 2019 @ 9:58 AM

ONCA ruling that Crowns not immune from civil claims for misfeasance could be headed to SCC Lorne Honickman

The Ontario Court of Appeal’s groundbreaking ruling that Crown attorneys aren’t immune from being sued for misfeasance in public office is the kind of novel issue affecting lawyers and the criminal justice system that could attract the Supreme Court of Canada’s attention, if the parties decide to take the case up to the top court. ... [read more]

Tuesday, April 30, 2019 @ 8:38 AM

APPEALS - Grounds - Insufficient reasons

Appeal by the Crown from the acquittal of Campbell on charges of impaired driving causing death and driving while her blood alcohol level was over .08 causing death. ... [read more]

Monday, April 29, 2019 @ 11:43 AM

Reflections on how we see each other and how the public sees us | Ian Wilkinson

This article is in response to Sam Goldstein’s article Difference between lawyers, paralegals wherein he says “I am pointing out there is a difference between a bachelor’s degree and community college diploma and no amount of specialized training can make up for that difference.” ... [read more]

Monday, April 29, 2019 @ 10:42 AM

CONTROLLED DRUGS AND SUBSTANCES - Constructive possession

Appeal by the accused from conviction for possessing cocaine for the purpose of trafficking. ... [read more]

Monday, April 29, 2019 @ 9:44 AM

Court grants Canada administrative segregation extension ‘with great reluctance’

In a decision released April 26, the Ontario Court of Appeal granted “one final extension” for the suspension of invalidity of ss. 31-37 of the Corrections and Conditional Release Act, which allows the Correctional Service of Canada (CSC) to place inmates in “administrative segregation.” The extension will last until June 17, the court determined, “on the condition that the independent fifth day review be implemented.” ... [read more]

Monday, April 29, 2019 @ 9:00 AM

Trudeau could make history by appointing first female majority SCC; next judge likely to come from Que. CA  Clément Gascon

With the impending retirement of Supreme Court Justice Clément Gascon, Canada’s avowedly feminist prime minister has a historic opportunity to give women, for the first time, a five-judge majority on the nine-member bench of the Supreme Court of Canada. ... [read more]

Friday, April 26, 2019 @ 2:01 PM

Drug impaired driving since cannabis legalization: Six months in cannabiscar

Recently, the Canadian Press (CP) reported on information they obtained by canvassing police forces across Canada regarding drug impaired driving charges since the legalization of cannabis. While it is notable that some police forces, such as the Alberta RCMP, report an increase in the number of drug impaired driving charges, most do not. ... [read more]