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Tuesday, May 23, 2017 @ 8:55 AM

Alberta follows tort lead in Manitoba, Ontario to ban revenge porn Emily Laidlaw

Alberta’s new tort providing civil remedies for victims of non-consensual pornography, or revenge porn, is receiving mixed reviews from the bar and legal educators. ... [read more]

Tuesday, May 23, 2017 @ 7:50 AM

SENTENCING - Criminal Code offences - Other Criminal Code offences - Breach of conditional sentence

Appeal by Majedi from the denial of her application for a writ of habeas corpus. In the alternative, the appellant sought an order of mandamus. The appellant challenged the calculation of the end date of a conditional sentence order (CSO) she was found to have breached. She argued the calculation was in error or, alternatively, that her counsel and a judge in a subsequent hearing were led into error in respect to the calculation, with the result that her s. 7 Charter rights were infringed. The appellant was sentenced to a 23-month CSO in March 2012 followed by an 18-month probation order. She was arrested in September 2012 for breaching her conditional sentence. In April 2013, the appellant admitted the breach. At that time, the appellant’s counsel made submissions which implied that the CSO ceased to be suspended as of April 8, 2013. The Crown did not take a position with respect to the appellant’s submissions and her counsel’s explanation of the options available. Defence counsel then explicitly waived an expeditious hearing into the alleged breach and the court did not dispose of the allegation pursuant to its powers under s. 742.6(9) of the Criminal Code. The latter step was not taken until January 2014. In November 2014, the appellant was arrested on a new drug trafficking charge and remanded into custody. In December 2014, the Crown asserted a calculation of the remaining CSO as 387 days, a number that did not include the order restarting in April 2013. Defence counsel asserted the contrary, and there was some ambiguity in the Crown's response. In sentencing the appellant for the substantive offence, and addressing the effect of that sentence upon the CSO, the judge referred to his and defence counsel's understanding that the CSO restarted in April 2013, and he indicated uncertainty on the position of the Crown. In June 2015, before the November 2014 charge was disposed of in court, the appellant made the application for habeas corpus and mandamus to calculate the conditional sentence according to law. She argued that under s. 742.6(10) of the Criminal Code, the admission of the breach in April 2013 should have had the effect of ending the suspension of the CSO. She submitted that the mistake was obvious from her counsel’s submission in April 2013. She further argued that if she was wrong on her interpretation of s. 742.6(10), by not knowing about the effect of that section, the probation order was extending into a period when she would have been free of its restrictions. That, she argued, established a violation of her s. 7 rights. In dismissing the application, the chambers judge found the appellant did not raise a reasonably arguable case that her detention was unlawful, as a simple admission to an offence did not constitute a “determination” for purposes of s. 742.6(10). Rather the word “determination” in that section connoted a disposition by a court, and that event did not occur until January 2014. ... [read more]

Friday, May 19, 2017 @ 3:20 PM

Seven new judicial appointments for Ontario

Justice Minister Jody Wilson-Raybould on May 19 announced the following judicial moves and appointments for the province of Ontario: ... [read more]

Friday, May 19, 2017 @ 3:09 PM

Newfoundland and Labrador to introduce drug treatment court in 2018

The Newfoundland and Labrador government will introduce a drug treatment court pilot project in 2018, the first of its kind in the province. ... [read more]

Friday, May 19, 2017 @ 12:52 PM

Law on impaired driving to be tested by popularity of marijuana, self-driving cars

Drinking and driving law is in a state of almost constant flux. The government is consistently trying to update laws to keep pace with developing technology and understanding of the dangers posed by impaired drivers. With this, courts are often put in the position of interpreting and re-interpreting laws which leads to this constant evolution. The future of impaired driving law is no different. With the impending legalization of marijuana, a shift in the most commonly used drug that causes impairment, currently alcohol, is possible. ... [read more]

Friday, May 19, 2017 @ 9:13 AM

“Stealthing” and the law: Is it sexual assault? Anne London-Weinstein

“Stealthing” is the new sexual assault - a crime by any other name, say Canadian lawyers - that adds another twist to current issues of consent in cases of sexual violence. The practice - not rape, but “rape-adjacent”, as one victim put it - refers to partners who during consensual sex with a condom surreptitiously remove the prophylactic, or cause it to be removed. ... [read more]

Friday, May 19, 2017 @ 8:23 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Procedural rights - Trial within a reasonable time

Application by Thanabalasingham, who was charged with the second degree murder of his spouse, for a stay of proceedings on the grounds that his constitutional right to a trial within a reasonable time had been violated. The alleged crime would have been committed on August 11, 2012. Lengthy judicial proceedings ensued. The trial was set to begin on April 10, 2017 and was scheduled for a period of seven weeks, before a jury of the Superior Court of Quebec sitting in Montreal. The overall delay between the laying of the charge and the anticipated end of the trial exceeded 57 months. The Prosecution submitted that the trial would have been completed in early June 2016 if the Defence had been available to start the trial in mid-April 2016, when that date was offered by the Court. ... [read more]

Thursday, May 18, 2017 @ 12:51 PM

Counsel to get remote access to embargoed SCC judgments Supreme Court of Canada

The Supreme Court of Canada has decided to give the lawyers who argue its most newsworthy appeals an advance look — under embargo — at the ensuing judgments. ... [read more]

Thursday, May 18, 2017 @ 6:13 AM

Updated: Parliament set to expand mischief prosecutions for hate crimes Michael Cooper

Prosecutions for mischief will rise across Canada if the Senate approves — as anticipated — a Liberal private member’s bill targeting hate-motivated vandalism and other damage directed at schools, community centres and other non-religious institutions. ... [read more]

Wednesday, May 17, 2017 @ 3:20 PM

Does Canada’s military justice system need an update? | Tim Dunne

Defence and security analyst and writer Tim Dunne disagrees with Judge Advocate General (JAG) Blaise Cathcart, who in a May 7 interview with The Lawyer’s Daily, rejected any suggestion that the military justice system needs substantial reform. ... [read more]