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Monday, December 11, 2017 @ 9:25 AM

Lawyers urge second look at HIV non-disclosure cases, convictions following report Michael_Lacy_sm

Lawyers are urging Crown attorneys to re-examine HIV non-disclosure cases past and present following a federal report calling for a curbing of criminal prosecutions in light of evolving science around risk of transmission. ... [read more]

Monday, December 11, 2017 @ 9:17 AM

How to know when Donald Trump is telling the truth | Anthony Doob and Rosemary Gartner

How can a person tell whether Donald Trump is telling the truth when one day he says one thing and the next he says something completely different? Some might say we should watch him carefully — the way judges and others in the trial process sometimes watch witnesses. Is he, for example, looking straight ahead, or avoiding eye contact with his questioner when he answers? Does he blink his eyes often? What does research tell us about detecting deception? ... [read more]

Friday, December 08, 2017 @ 4:53 PM

SCC rules Charter s. 8 protects privacy of some text messages Gerald Chan

A split Supreme Court has ruled that a sender’s texts are sometimes entitled to Charter privacy protection, depending on “the totality of the circumstances.” Moreover, police need only obtain production orders — not electronic surveillance warrants — to seize stored “electronic conversations” pursuant to the Criminal Code, the majority held. ... [read more]

Friday, December 08, 2017 @ 2:33 PM

CONSTITUTIONAL ISSUES - Practice and procedure - Parties - Standing

Appeal from a judgment of the Ontario Court of Appeal affirming Jones’ convictions for firearms and drug trafficking offences and the pre-trial application ruling. Jones’ convictions rested on records of text messages seized from a Telus account associated with Waldron, his co-accused, pursuant to a production order obtained under s. 487.012 (now s. 487.014) of the Criminal Code (Code). ... [read more]

Friday, December 08, 2017 @ 2:13 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by Marakah from an Ontario Court of Appeal judgment affirming his convictions for firearms offences and upholding a pre-trial application ruling in the Crown’s favour. ... [read more]

Friday, December 08, 2017 @ 8:33 AM

PROCEDURE - Election - By Crown - To proceed by way of indictment - Trials - Stay of proceedings

Appeal by St. Amand from his conviction for making available child pornography and for leave to appeal his sentence of 12 months’ imprisonment, the statutory minimum. ... [read more]

Thursday, December 07, 2017 @ 10:54 AM - Last Updated: Thursday, December 07, 2017 @ 4:19 PM

Canada’s chief justice hangs up her red robes Beverley-MCLACHLIN

It is the end of an era — and what an era it was. Quebec separation, same-sex marriage, physician-assisted death, and so on — Supreme Court Chief Justice Beverley McLachlin has participated in the most momentous and divisive legal debates of the past three decades. ... [read more]

Wednesday, December 06, 2017 @ 10:18 AM

SENTENCING - Criminal Code offences - Robbery - Particular sanctions - Imprisonment - Sentencing considerations - Time already served

Appeal by the Crown from sentence imposed on the accused for robbery where the accused was given credit for some of the pre-sentence custody accumulated following detention. ... [read more]

Wednesday, December 06, 2017 @ 9:46 AM

The unremitting problem of sexual crimes in Canada’s military | Tim Dunne

Sgt. Vicky-Lynn Cox is not the first female member of the Canadian Armed Forces to suffer sexual victimization at the hands of her colleagues. The report of her ordeals to Operation Honour is simply the most recent case of a disturbingly long list to meet with media interest. ... [read more]

Wednesday, December 06, 2017 @ 6:55 AM

Martin among the prospects for chief justice

The Liberal government is considering appointing Supreme Court nominee Sheilah Martin of Alberta — a bilingual anglophone who was born and raised in Quebec where she earned both civil law and common law degrees — as Canada’s 18th chief justice, Justice Minister Jody Wilson-Raybould informed MPs this week. ... [read more]