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Friday, August 25, 2017 @ 2:21 PM

Feds' public polling on minimum sentencing questioned by criminal lawyers Eric Gottardi

Criminal lawyers are scratching their heads as to why the Liberal government is polling the public on loosening mandatory minimum sentencing put in place as part of the previous Conservative government’s tough-on-crime agenda. ... [read more]

Friday, August 25, 2017 @ 11:26 AM

B.C. Appeal Court overturns sexual assault conviction due to 'fatal error of analysis'

The B.C. Court of Appeal has overturned a conviction in a sexual assault case after it ruled the trial judge committed a “fatal error of analysis” in shifting the burden of proof to the defendant, but a University of British Columbia law professor is calling the decision "puzzling." ... [read more]

Friday, August 25, 2017 @ 8:39 AM

New sexual assault laws riddled with Charter violations

In a Canada where Ghomeshi never happened, it is likely that significant changes to our sexual assault laws would not be in the hopper at the House of Commons. Nothing out of the ordinary or unprecedented happened in Ghomeshi. Basic principles of cross-examination taught in law school were utilized to impeach the complainants. To make full answer and defence, counsel must use all relevant information to protect their client. Defence lawyers should be worried about Bill C-51. ... [read more]

Friday, August 25, 2017 @ 8:37 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Scope

Appeal by the accused, Barbour, from her conviction for fraud over $5,000. ... [read more]

Thursday, August 24, 2017 @ 9:02 AM

The case for legislating police mental health training | Robert Karrass

The question often arises of where we draw the line between justifiable and unjustifiable use of force in police interactions. The answer is not a simple one but is generally summed up in two words… “Police Safety”. The idea is that officers who are charged with upholding the law and protecting members of our society, need to be able to protect themselves (and others) from actual or perceived harm. However, when officers are dealing with individuals experiencing a mental health crisis, the line becomes skewed. ... [read more]

Wednesday, August 23, 2017 @ 1:42 PM

Newfoundlander banished for one year to serve probation Toby Goldback

There’s no going home for Gordie Bishop. Well, at least not for a year. Under the terms of a sentence imposed by the Supreme Court of Newfoundland and Labrador, the 32-year-old Newfoundlander is being legally banished to Alberta to serve out his probation.   ... [read more]

Wednesday, August 23, 2017 @ 12:29 PM

Groups call for increased police oversight in Ontario, but some say it is not enough Clayton Ruby

A coalition of advocacy groups is joining with the Ontario Human Rights Commission to call on the provincial government to implement recommendations on police oversight made after a public review, but observers say additional steps are needed to ensure police are accountable to the public. ... [read more]

Tuesday, August 22, 2017 @ 7:17 AM

Youth's conviction in gun case tossed over blurry surveillance video Dineen Dawe

A ruling from the Ontario Court of Appeal offers a cautionary tale about recognition evidence arising from poor quality surveillance video, in a decision that one legal expert sees as an important companion case to Nikolovski. ... [read more]

Monday, August 21, 2017 @ 12:36 PM

Quebec Court of Appeal awards protesters $2,000 in damages for prolonged detention Julius Grey

Two protesters who occupied a public square in downtown Montreal won a partial victory after the Quebec Court of Appeal awarded them $2,000 each for moral and material loss because the police no longer had reason to keep them handcuffed and detained in the back of a police car to drive them to another part of the city. ... [read more]

Monday, August 21, 2017 @ 11:38 AM

EVIDENCE - Methods of proof - Scientific evidence - DNA

Application by Tallio for an extension of time to appeal from his 1983 second degree murder conviction. ... [read more]