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Wednesday, February 21, 2018 @ 9:25 AM

Quebec Court of Appeal provides detailed guidance over Jordan in two rulings Charles_Shearson

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling, will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of Jordan. ... [read more]

Wednesday, February 21, 2018 @ 8:43 AM

CRIMINAL CODE OFFENCES - Wilful and forbidden acts in respect of certain property - Mischief

Trial of Livingston and Miller, charged with unauthorized use of a computer and attempting to commit mischief to data. ... [read more]

Tuesday, February 20, 2018 @ 8:32 AM

PRISON ADMINISTRATION - Conditions and treatment - Duty of fairness - Rights of prisoners - Segregation of prisoners

Action by the plaintiffs, British Columbia Civil Liberties Association and the John Howard Society of Canada, for an end to administrative segregation as it was presently practised in federal penitentiaries in Canada. ... [read more]

Friday, February 16, 2018 @ 4:33 PM

Ex-SCC judge says Criminal Code should be amended to stop misuse of challenges to exclude Indigenous jurors Frank Iacobucci

Ottawa is facing renewed calls from the NDP, legal experts and others to abolish peremptory jury challenges because such jury selection tools continue to be misused to exclude Indigenous people from juries. ... [read more]

Friday, February 16, 2018 @ 8:36 AM

REVIEW BOARDS - Orders - Dispositions - Detention in custody in hospital

Appeals by Ohenhen and Kalra from the detention orders with community privileges imposed on them by the Ontario Review Board. ... [read more]

Thursday, February 15, 2018 @ 6:48 AM

CBA in midst of revamp; downsizing expected at national office TLD Exclusive

Unbeknownst to most of its rank-and-file members, the Canadian Bar Association (CBA) is poised for a dramatic retooling this year that could cut its fees, pare down its national staff and “non-core” national activities and redirect more cash and delivery of member services to its provincial and territorial branches, The Lawyer’s Daily has learned. ... [read more]

Wednesday, February 14, 2018 @ 8:42 AM


Appeal by the accused from a decision finding that s. 515 judicial release provisions of the Criminal Code were applicable to s. 810.2 peace bond proceedings and that a show cause hearing should have been conducted on the Crown’s request to show cause why the appellant ought to have been detained or released on conditions. ... [read more]

Tuesday, February 13, 2018 @ 11:15 AM

N.S. court sets out test to assess capacity for consent in quashing sexual-assault acquittal Jennifer MacLellan

Canadian women who have drawn strength from the #MeToo movement to report incidents of sexual misconduct might feel further emboldened by a recent unanimous Nova Scotia Court of Appeal decision that overturned an acquittal in a sexual assault trial. ... [read more]

Tuesday, February 13, 2018 @ 8:47 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Life, liberty and security

Appeal by Romanchych from the sentence of 29.5 months’ imprisonment imposed following his conviction for possession of a loaded restricted firearm, occupying a vehicle where there was a firearm, possession of a stolen credit card, and use of another’s identification. ... [read more]

Friday, February 09, 2018 @ 4:13 PM

SCC clarifies test for mandatory interlocutory injunctions Russell Brown

The Supreme Court has clarified the test for mandatory interlocutory injunctions in a judgment which holds that CBC need not remove website content that identified a young murder victim before a publication ban shielded her identity. ... [read more]