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Thursday, June 21, 2018 @ 9:53 AM

SENTENCING - Controlled drugs and substances - Maximum or minimum sentence available

Appeals and cross-appeals involving three offenders, Vu, Li and Pham, challenging the mandatory minimum sentencing provisions for unauthorized production of marijuana. ... [read more]

Thursday, June 21, 2018 @ 9:24 AM

Questioning of complainant’s ‘sexual activity’ must be allowed in assault case, court rules Jonathan Dawe sm

The Ontario Court of Appeal has ordered a new trial in a sexual assault case as it determined the appellant was denied the opportunity to ask “relevant questions” about the complainant’s sexual activity to assist in his defence. In R. v. R.V. 2018 ONCA 547 the court heard that the appellant, known on the record as R.V., and the complainant are cousins. According to court documents, the parties’ extended family was camping on the Canada Day long weekend in 2013 when the alleged sexual assault took place. ... [read more]

Wednesday, June 20, 2018 @ 9:39 AM - Last Updated: Wednesday, June 20, 2018 @ 12:37 PM

McLachlin will advocate for Office of JAG in new role as CAF’s ‘honorary captain (Navy)’ Geneviève Bernatchez and Beverley McLachlin

From “yes, my lady” to “aye, aye captain” — Beverley McLachlin, former chief justice of Canada, is adding another to her new roles, which already include bestselling Canadian novelist, Hong Kong Supreme Court judge, and now honorary captain (Navy) of the Office of the Judge Advocate General (JAG). ... [read more]

Tuesday, June 19, 2018 @ 10:12 AM

CRIMINAL CODE OFFENCES - Offences against public order - Offences in relation to terrorism

Trial of the 30-year-old accused charged with nine counts of committing indictable offences for the benefit of a terrorist group. ... [read more]

Monday, June 18, 2018 @ 2:21 PM

Cannabis impairment far different from alcohol impairment Stoneddriver_sm.jpg

The amendments to the Criminal Code through Bill C-46 are far reaching and significant. Originally, the intention was to pass this law in concert with the Cannabis Act to create new driving offences at the same time that marijuana was legalized. However, it appears that this bill is unlikely to come into force until well after the Cannabis Act is passed. ... [read more]

Monday, June 18, 2018 @ 9:52 AM

B.C. polygamy case ‘cries out for a more significant sentence’ than Crown recommendation: prof Janine Benedet, UBC Peter A. Allard School of Law

A number of legal observers are expressing surprise at the perceived low sentence recommended for two members of a B.C.-based fundamentalist Mormon sect convicted of polygamy, saying it may not be an enough of a deterrent for the individuals involved to stop their behaviour. ... [read more]

Friday, June 15, 2018 @ 2:20 PM

We need more lawyers in public office | Laurelly Dale

True, appointing astronauts and morning show hosts adds a unique voice. Everyone has a perspective to add as a cabinet member. The role of the cabinet is to set the policies, laws and priorities for Canada. Becoming a lawyer is a massive undertaking. The government needs to draw on our expertise to weigh in on the legality of their laws. More lawyers are needed in office — either as ministers or consultants. ... [read more]

Friday, June 15, 2018 @ 10:11 AM - Last Updated: Friday, June 15, 2018 @ 3:33 PM

SCC affirms 7-2 Ontario and B.C. regulators’ denial of accreditation to TWU’s proposed law school Janet Epp Buckingham

In a four-opinion ruling, the Supreme Court of Canada has ruled 7-2 that the refusal of the law societies of Ontario and B.C. to accredit Trinity Western University’s (TWU) proposed law school was reasonable because the regulators proportionately balanced the impact on the religious freedom rights of TWU’s community with the regulators’ mandate to protect the public — including promoting equal access to the legal profession, diversity and lawyer competence, as well as upholding a positive public perception of the legal profession. ... [read more]

Thursday, June 14, 2018 @ 1:32 PM

Third party liability claims, other issues arising from Yonge Street van attack red&blueflashinglights_sm.jpg

In part one of this series I wrote about the accident benefits coverage issues arising from the April 23 Toronto van attack on Yonge Street. “But what about the other coverages under the standard auto policy?” you ask. ... [read more]

Wednesday, June 13, 2018 @ 3:14 PM

SCC rules prison service must take all reasonable steps to ensure parole tools valid for Indigenous offenders Justice Richard Wagner

The Supreme Court of Canada has declared 7-2 that the Correctional Service of Canada (CSC) is breaching its statutory obligations by using psychological tools to assess Indigenous offenders’ suitability for parole — without first taking all reasonable steps to ensure that those tools are valid — and not culturally biased — vis-a-vis Indigenous inmates. ... [read more]