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Friday, August 27, 2021 @ 10:51 AM

B.C. Court of Appeal serves notice: Unclear jury charges bear consequences Jordan Watt

The Court of Appeal for British Columbia’s recent ruling in R. v. Whitmore 2021 BCCA 302 has served notice to lower court judges that their charge to juries must be concise and not open to misinterpretation, or their decision may be overturned on appeal. ... [read more]

Friday, August 27, 2021 @ 5:27 AM

SENTENCING - Assault - Particular sanctions - Seriousness of offence - Effect on victim

Appeal by the accused from conviction for assault and from sentence of nine months’ imprisonment imposed. The appellant, an off-duty police officer, and his brother caught Miller, a black man, stealing from a  truck. ... [read more]

Thursday, August 26, 2021 @ 3:10 PM

Afghan judge escapes Taliban clutches

Editor’s note: This article has been taken down due to safety concerns. ... [read more]

Thursday, August 26, 2021 @ 2:26 PM

People unvaccinated against COVID-19 unable to serve jury duty in murder trial, judge rules

In a pretrial ruling, Justice Kevin Phillips of the Ontario Superior Court of Justice determined that the jury for an upcoming murder trial must be fully vaccinated against COVID-19. “I intend as part of the jury selection process to ask each prospective candidate if they have been fully vaccinated. If the answer is a negative one, that candidate shall be excused in accordance with s.632(c) of the Criminal Code,” he wrote in a decision released Aug. 25. ... [read more]

Thursday, August 26, 2021 @ 12:14 PM

Judge makes unusual order for parenting time Palm trees near beach with sea

Family law lawyers deal with disputes about where and when parenting time should take place, but a recent family court judgment ordering a Canadian mother to take her daughter to Turkey for a month so the child can have parenting time with her father is unusual and perhaps even (to use an overworked word) unprecedented. ... [read more]

Thursday, August 26, 2021 @ 11:09 AM

Delayed disclosure affected overall fairness of bribery trial, Ontario Court of Appeal says Seth Weinstein, Greenspan Humphrey Weinstein LLP

The case of two men accused of bribing an Indian cabinet minister is returning to trial after the Ontario Court of Appeal ruled the original proceeding may have compromised the integrity of the legal system. ... [read more]

Thursday, August 26, 2021 @ 5:45 AM

SENTENCING - Criminal Code offences - Sexual assault - Particular sanctions

Appeal by the accused from a sentence of 30 months’ imprisonment for sexual assault. The complainant and appellant consumed alcohol together. The complainant fell asleep. She awoke to find the accused having intercourse with her. ... [read more]

Wednesday, August 25, 2021 @ 11:45 AM

How to enrage the public | John L. Hill

It would be shocking if it were true. On Aug. 13, 2021, the National Post ran a story headlined as follows: “Feds win battle for privacy of serial killer Paul Bernardo and cop killer Craig Munro over victims’ families’ requests.” Immediately below the headline was a provocative summary: “The families went to court for evidence prior to the killers’ parole hearings. Instead, they got a bill from the government for $19,000.” ... [read more]

Wednesday, August 25, 2021 @ 10:59 AM

Toronto Police Association against mandatory COVID-19 vaccination for members

In response to the Toronto Police Service’s (TPS) announcement on Aug. 24 to make COVID-19 vaccination mandatory for all its members, the Toronto Police Association (TPA) declared its opposition noting the announcement lacked “critical details.” ... [read more]

Wednesday, August 25, 2021 @ 9:03 AM

B.C. man loses appeal of decades-old murder conviction Rachel Barsky

A B.C. man who has spent more than three decades in prison for a crime he says he didn’t commit has been dealt a blow after the provincial Court of Appeal dismissed an attempt to have his conviction overturned. ... [read more]