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Criminal

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Monday, August 19, 2019 @ 9:42 AM

Some bar groups leery of top judge’s idea that appellate nominees face public scrutiny Richard Wagner

Chief Justice of Canada Richard Wagner believes introducing appellate court nominees to the public would bolster confidence in the judiciary — but he’s not advocating any particular method of doing so, his office tells The Lawyer’s Daily. ... [read more]

Friday, August 16, 2019 @ 1:59 PM

For the PM, ‘sorry’ is the hardest word | Heather MacIvor

On Aug. 14 the federal Conflict of Interest and Ethics Commissioner, Mario Dion, released his report (Trudeau II Report) on the Trudeau government’s efforts to interfere with the prosecution of SNC-Lavalin (SNC). Dion concluded that the prime minister violated s. 9 of the Conflict of Interest Act (the Act) when he and his staff pressed former Attorney General (AG) Jody Wilson-Raybould to overrule the Director of Public Prosecutions (DPP) and offer SNC a remediation agreement (Ethics commissioner finds PM improperly sought to influence AG re SNC-Lavalin prosecution). ... [read more]

Friday, August 16, 2019 @ 11:32 AM

Helping prisoners’ kids avoid jail | Derek Reid and Jessica Reid

Every year over 300,000 children in Canada are separated from their parent because of their involvement with the criminal justice system. ... [read more]

Friday, August 16, 2019 @ 11:01 AM

Canadian Judicial Council asks top court to settle whether discipline body subject to judicial review Norman_Sabourin

The contentious question of whether the disciplinary actions of the Canadian Judicial Council (CJC) can be judicially reviewed for procedural fairness has landed on the steps of the highest court in the land — where two of nine judges won’t play a role in the outcome. ... [read more]

Friday, August 16, 2019 @ 8:47 AM - Last Updated: Monday, August 19, 2019 @ 1:17 PM

Prison needle exchange program will out drug users, advocate says Richard_Elliot_sm

A lack of inmate confidentiality in Canada’s prison needle exchange program will discourage prisoners from participating and “strikes at the heart” of having an effective health initiative, says a critic. ... [read more]

Thursday, August 15, 2019 @ 3:03 PM

The use of surveillance at trial Camera lens

A decision recently released by the Ontario Court of Appeal provides helpful guidance on the use of surveillance at trial. ... [read more]

Thursday, August 15, 2019 @ 12:10 PM

B.C. pro bono organization takes over lawyer referral service CBABC executive director Kerry L. Simmons

B.C.’s Lawyer Referral Service (LRS) is under new management. With funding from the Law Foundation of B.C., the Canadian Bar Association, B.C. Branch (CBABC) has operated the LRS for over 60 years, providing the public an opportunity to have an initial consultation with a lawyer about their concerns. ... [read more]

Wednesday, August 14, 2019 @ 2:43 PM - Last Updated: Wednesday, August 14, 2019 @ 5:35 PM

Ethics commissioner finds PM improperly sought to influence AG re SNC-Lavalin prosecution Trudeau and JWR

In a bombshell report that could renew pressure for a criminal investigation, federal Ethics Commissioner Mario Dion has found that Prime Minister Justin Trudeau contravened the federal Conflict of Interest Act by using the prime minister’s position of authority over ex-Attorney General Jody Wilson-Raybould “to seek to influence, both directly and indirectly, her decision on whether she should overrule the Director of Public Prosecutions’ decision not to invite SNC-Lavalin to enter into negotiations towards a remediation agreement.” ... [read more]

Wednesday, August 14, 2019 @ 2:29 PM

Feds announce funding for restorative justice program for B.C. Indigenous youth

Justice Minister David Lametti on Aug. 13 announced $418,760 over three years for the Ki-Low-Na Friendship Society’s Xw-l-ale-cecemala: Kids Come to Life Program. Using a restorative justice model and a focus on culturally based rehabilitation and reintegration, Xw-l-ale cecemala will provide services for urban Indigenous youth involved, or at risk of being involved, in the criminal justice system. ... [read more]

Wednesday, August 14, 2019 @ 11:09 AM

Victim surcharge legislation gives judges more options Ball&Chain&foot.jpg

In its decision of R. v. Boudreault 2018 SCC 58, the Supreme Court struck down s. 737 of the Criminal Code as infringing s. 12 of the Charter of Rights and Freedoms as being cruel and unusual punishment. Section 737 provided for victim fine surcharges. Originally, this was a 15 per cent surcharge on any fine levied. ... [read more]