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Wednesday, December 12, 2018 @ 9:32 AM

Money may be seen as motivation for new Manitoba drunk driving fines, prof says Michael_Weinrath_sm

Manitoba’s push toward tougher fines for impaired driving may be seen by some as a “cash grab,” given that rates of drunk driving have generally been in decline, says a scholar. ... [read more]

Tuesday, December 11, 2018 @ 9:34 AM

Conservatives join with Liberals to vote down Senate’s amendments to sexual assault bill Kim Pate

The Liberal government, joined by the Conservatives, voted down two controversial Senate Criminal Code amendments supported by women’s advocates who argue trial judges desperately need Parliament’s specific guidance in sexual assault prosecutions involving complainants who were incapable of consenting due to intoxication, disability or other factors. ... [read more]

Monday, December 10, 2018 @ 9:30 AM

British Columbia family lawyers ask law society to hold off on paralegal changes Karen Nordlinger, Aaron Gordon Daykin Nordlinger LLP

A number of family lawyers are urging the Law Society of British Columbia (LSBC) to listen to the profession after a motion was adopted at the society’s annual general meeting asking it to take a step back on its efforts to allow paralegals to have a limited scope of practice. ... [read more]

Monday, December 10, 2018 @ 9:17 AM

Defending dangerous dogs: From death row to public safety Dogonleash_sm.jpg

While municipal and provincial dangerous dog statutes differ throughout Canada, the Vancouver Charter has a fairly standard definition of a “dangerous dog” as one that has killed or seriously injured a person or a domestic animal or one that, in the opinion of an animal control officer, is likely to kill or seriously injure a person. ... [read more]

Friday, December 07, 2018 @ 8:53 AM

Ducks and dominoes: Our Rube Goldberg school of lawmaking | Sam Goldstein

Do we really need to change the definition of bestiality in Canada? I can’t believe I am writing a column about bestiality but the fact I am writing a column about Parliament’s need to change the definition of bestiality in the Criminal Code is exactly what’s wrong with criminal law today. ... [read more]

Friday, December 07, 2018 @ 8:48 AM

Feds’ limiting of HIV prosecutions heartening, but provinces must follow suit, lawyers say Daniel_Brown_sm

Criminal lawyers are calling on the provinces to adopt Ottawa's recent guidelines limiting criminal prosecutions of HIV non-disclosure. On Dec. 1 Justice Minister Jody Wilson-Raybould marked the 30th anniversary of World AIDS Day by issuing a set of directives to federal Crowns to limit what many advocates have called unjust criminal prosecutions of those with HIV. ... [read more]

Thursday, December 06, 2018 @ 2:27 PM - Last Updated: Friday, December 07, 2018 @ 8:23 AM

Defence efforts to rebut presumptions in support of breathalyzer results require more than speculation, conjecture: SCC Justice Richard Wagner

In a judgment of note in thousands of drinking and driving cases across Canada, the Supreme Court has clarified the nature and scope of the evidence that an accused must adduce to rebut the presumptions of accuracy and identity applicable to breathalyzer test results under s. 258(1)(c) of the Criminal Code. ... [read more]

Thursday, December 06, 2018 @ 12:51 PM

MOTOR VEHICLES - Impaired driving or driving over the legal limit - Breathalyzer or blood sample demand

Appeal by the Crown from a judgment of the Quebec Court of Appeal reversing a decision that set aside Cyr-Langlois’s acquittal on a charge of operating a motor vehicle with a blood alcohol level exceeding 80 mg of alcohol in 100 ml of blood. ... [read more]

Thursday, December 06, 2018 @ 9:26 AM

Stay of proceedings in miscarriage of justice case should have been acquittal, says lawyer James_Lockyer_sm

An appeal court’s quashing of an accused drug dealer’s decades-old murder conviction, the denying of an acquittal and the staying of a new trial due to the concealment of key evidence does not “say good things” about Canada’s justice system, says a defence lawyer in the case. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]