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Friday, March 03, 2017 @ 10:22 AM

Appeal court says no Charter violation using information from undercover officer

The Court of Appeal in Manitoba found a judge was not wrong to refuse to exclude statements made by an accused to an undercover officer. ... [read more]

Thursday, March 02, 2017 @ 7:00 PM

Criminal Law - COMPELLING APPEARANCE, DETENTION AND RELEASE - Judicial interim release or bail - Conditions of release - Release or detention after trial or pending appeal

Application by the appellant, Joe, for bail pending appeal. In April 2016, the appellant was sentenced for impaired care and control of a motor vehicle, refusal to provide a breath sample, and a breach of undertaking. He received a global sentence of 43 months plus five days imprisonment. The appellant appealed the conviction for impaired care and control and his sentence. He applied for bail pending appeal. In October 2016, the appellant was released on a recognizance with conditions. Approximately five weeks later, the Crown filed for revocation of bail after the appellant’s wife sought release from her surety responsibilities. Days later, she called police to have the appellant removed from her apartment due to a disturbance he had caused while intoxicated. The appellant became belligerent and was arrested and charged with breach of recognizance. He sought release on bail pending his appeal, adducing evidence of additional counseling, support and treatment options. His wife intended to act as a surety, on the understanding the appellant would access treatment and counseling for alcohol addiction. The Crown opposed the appellant’s release based on his past record of domestic abuse, and his extensive record for drinking and driving offences. ... [read more]

Thursday, March 02, 2017 @ 7:00 PM

E-mailed statement raises evidentiary issues

Not applicable ... [read more]

Thursday, March 02, 2017 @ 11:46 AM

Legal Aid Ontario funding for second judicial pre-trials goes province-wide

To improve the efficiency of the justice system in Ontario, Legal Aid Ontario (LAO) is expanding its work with the Ontario Court of Justice and the Ministry of the Attorney General on using judicial pre-trial best practices. ... [read more]

Wednesday, March 01, 2017 @ 9:46 AM

Lawyers seek leave to appeal to Supreme Court in case involving police search

Lawyers for Charles Gerald Patrick, who was charged with a variety of firearms-related offences, are seeking a leave to appeal a decision by the B.C. Court of Appeal which ordered a new trial on some of the charges after he was acquitted of all charges by the B.C. Supreme Court. ... [read more]

Tuesday, February 28, 2017 @ 9:57 AM

REVIEW BOARDS - Orders - Considerations - Other needs of accused - Appeals and judicial review

Appeal by Waypoint Centre from an Ontario Review Board disposition in respect of a patient, Scott. Scott suffered from mental illness from age 11 onward as a result of a severe head injury sustained in an automobile accident. In 1987, Scott was found not criminally responsible for two serious sexual offences. He was detained at Waypoint from 1989 onward in a high security all-male unit. At a review hearing before the Board, it was agreed Scott continued to represent a significant threat to public safety. Waypoint recommended he remain in the same division, with continuation of certain staff-escorted privileges outside of the hospital grounds. Any move to a less secure facility would affect the ability of his nearby family to continue regular visits. At the review, the Board pursued the issue of whether Scott visiting his mother's home would be a worthwhile therapeutic goal. Waypoint took issue with the suggestion. The Board determined that escorted visits by Scott to his mother's home were an appropriate privilege, and granted two mandatory four-hour passes per year. Waypoint appealed. ... [read more]

Monday, February 27, 2017 @ 3:31 PM

First of its kind Indigenous People's Court in northwestern Ontario

The Indigenous People’s Court in Thunder Bay will hold its first sitting on March 6 as it aims to assist Aboriginal defendants in conflict with the law by using an alternative to sentencing. ... [read more]

Monday, February 27, 2017 @ 8:59 AM

EXTRAORDINARY REMEDIES - Habeas corpus

Appeal by the accused, Codina, from denial of habeas corpus. The accused was detained awaiting trial for offences under the Immigration and Refugee Protection Act (IRPA) arising from advising on immigration matters as a non-lawyer. The accused was charged in May 2014 and released on bail in July 2014. In September 2015, she was arrested and charged with breaching bail and further offences under the IRPA. Her bail was revoked following a hearing in November 2015. She was detained on all charges in December 2015, following a show-cause hearing. The Crown preferred a direct indictment in December 2016 with respect to the IRPA charges, and stayed the remaining charges. While detained, the accused initiated several proceedings, all of which were unsuccessful. A two-part habeas corpus application was denied. The first part of the application alleged border service officers lacked statutory authority for her arrest. The second part challenged the December 2015 detention order on jurisdictional and constitutional grounds. Each aspect was dismissed with brief oral reasons. The accused appealed. ... [read more]

Monday, February 27, 2017 @ 8:57 AM

COMPELLING APPEARANCE, DETENTION AND RELEASE - Judicial interim release or bail - Conditions of release - Release or detention after trial or pending appeal

Application by the appellant, Joe, for bail pending appeal. In April 2016, the appellant was sentenced for impaired care and control of a motor vehicle, refusal to provide a breath sample, and a breach of undertaking. He received a global sentence of 43 months plus five days imprisonment. The appellant appealed the conviction for impaired care and control and his sentence. He applied for bail pending appeal. In October 2016, the appellant was released on a recognizance with conditions. Approximately five weeks later, the Crown filed for revocation of bail after the appellant's wife sought release from her surety responsibilities. Days later, she called police to have the appellant removed from her apartment due to a disturbance he had caused while intoxicated. The appellant became belligerent and was arrested and charged with breach of recognizance. He sought release on bail pending his appeal, adducing evidence of additional counseling, support and treatment options. His wife intended to act as a surety, on the understanding the appellant would access treatment and counseling for alcohol addiction. The Crown opposed the appellant's release based on his past record of domestic abuse, and his extensive record for drinking and driving offences. ... [read more]

Monday, February 27, 2017 @ 8:57 AM

PROCEEDINGS - Appeals and judicial review - Practice and procedure - Evidence

Appeal by the plaintiffs from an order staying their action on the basis of forum non conveniens. In 2013, private security personnel employed at a Canadian-owned mine in Guatemala allegedly shot and injured several protestors. Seven plaintiffs commenced an action against the owner of the mine in British Columbia, alleging the defendant expressly or implicitly authorized the use of excessive force by security personnel, or was negligent in failing to prevent the use of excessive force. The plaintiff sought damages, including punitive damages, for negligence, and for direct and vicarious liability for battery. The defendant submitted the Court should decline jurisdiction on the basis Guatemala was the more appropriate forum. The application judge concluded that Guatemala was the more appropriate forum, and rejected the plaintiffs' assertion that corruption in the Guatemalan legal system would prevent a fair trial. The judge granted a stay of the British Columbia action. The plaintiffs appealed. They sought to introduce new evidence regarding the criminal proceedings in Guatemala related to the shooting, with further information regarding the Guatemalan legal system. ... [read more]