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Tuesday, July 25, 2017 @ 7:14 AM

Insufficient time for missing and murdered Indigenous women and girls inquiry to complete work: law professor Signa Daum Shanks

The national inquiry into missing and murdered Indigenous women and girls (MMIWG) — which has struggled with resignations, delays and accusations of poor communication — could learn some lessons from the Truth and Reconciliation Commission of Canada, says an Osgoode Hall law school professor. ... [read more]

Monday, July 24, 2017 @ 8:20 AM

SENTENCING - Non-Criminal Code and regulatory offences - Controlled drugs and substances - Cultivation or production - Sentencing precedents or starting point

Appeal by the Crown from a declaration that the mandatory prison term under s. 7(2)(b)(i) of the Controlled Drugs and Substances Act (CDSA) was unconstitutional. ... [read more]

Friday, July 21, 2017 @ 8:17 AM

COMPUTER CRIMES - Offences - Obscenity and pornography - Child pornography - Mens rea - Procedure - Appeals

Appeal by the accused from a conviction for making child pornography available. The accused did not dispute that he installed the LimeWire peer-to-peer file sharing program on his computer and used it to download child pornography picture and video files during a three-week period in 2007. At issue was whether the accused knew or was wilfully blind to the fact that the use of LimeWire made child pornography available to others. ... [read more]

Thursday, July 20, 2017 @ 1:59 PM

Iconic defence lawyer Wolch remembered as lion of the law Hersh Wolch

Best known as the dedicated defender of high-profile, wrongly convicted clients David Milgaard and Steven Truscott, iconic criminal defence lawyer Hersh Wolch is being remembered for the humanity and changes he brought to the way the law is administered and interpreted in Canada. ... [read more]

Thursday, July 20, 2017 @ 9:37 AM

Ontario judge awards woman $255,000 after ruling rights were violated by police Lawrence Greenspon

An Ottawa woman who sued that city’s police service for wrongful arrest and imprisonment has been awarded $255,000 after an Ontario Superior Court justice ruled her rights were repeatedly violated. ... [read more]

Thursday, July 20, 2017 @ 8:39 AM

Defence lawyer pays the costs for one too many motions Coin_Manishen_sm

While the recent decision of the Supreme Court of Canada in Quebec (Criminal and Penal Prosecutions) v. Jodoin may not have been the subject of much comment in the public forum, a close reading of the majority reasons could give rise to some very real concerns among those who practise criminal law in Canada. ... [read more]

Thursday, July 20, 2017 @ 7:26 AM

Sexual assault rates remain steady, while other crimes see decline, survey says Holly Johnson sm

A Statistics Canada study shows self-reported sexual assault rates have remained the same, despite a decrease in other types of violent and non-violent crime. ... [read more]

Wednesday, July 19, 2017 @ 11:05 AM

British Columbia court dismisses man's appeal to have trial conducted in French Jennifer Klinck sm

The British Columbia Court of Appeal has upheld a lower court’s decision to deny a man’s request to have his trial conducted in French after he was charged under the Motor Vehicle Act, 1996.   ... [read more]

Wednesday, July 19, 2017 @ 9:19 AM

Access to Justice: Justice system could learn from Nova Scotia veterans outreach program | Thomas Cromwell

Let’s see more of this. Life isn’t organized like the Canadian Abridgement. The real problems of real people don’t sort themselves into neat categories and they are not contained in watertight compartments. A person’s legal problem is often only one dimension of a much bigger, more complex and multi-faceted problem. And we know that one of the biggest impediments to access to justice results from our justice system failing to respond to these multi-faceted problems in ways that are meaningful and practical. ... [read more]

Wednesday, July 19, 2017 @ 9:14 AM

SENTENCING - Particular sanctions - Victim fine surcharge - Procedure - Jurisdiction to impose sentence - Appeals

Appeal by six offenders from sentencing decisions affirming the constitutionality of the mandatory victim surcharge regime. ... [read more]