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Wednesday, December 13, 2017 @ 9:20 AM

How Canada’s military is dealing with inappropriate sexual behaviour | Col. Bruce MacGregor

On December 6, 2017, the Lawyer’s Daily published a commentary entitled “The Unremitting Problem of Sexual Crimes in Canada’s Military.”  To me, as the Director of Military Prosecutions (DMP), this is a very important issue and so I welcome public debate on it. However, it is also vital to discuss it in a way that educates and informs readers as to those efforts we have undertaken to eliminate harmful and inappropriate sexual behaviour within the Canadian Armed Forces (CAF). ... [read more]

Wednesday, December 13, 2017 @ 8:33 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights - On being charged with an offence - To not be tried or punished again for same offence (double jeopardy)

Appeal by the accused, Samji, from convictions on multiple counts of theft and fraud. ... [read more]

Wednesday, December 13, 2017 @ 7:03 AM

Good advocacy ‘exceptionally’ important to Supreme Court’s incoming judge Martin Sheilah Martin and Anthony Housefather

Litigators take note: the Supreme Court of Canada’s latest nominee says she sets great store by incisive legal advocacy that helps her to do her job. ... [read more]

Tuesday, December 12, 2017 @ 10:48 AM - Last Updated: Tuesday, December 12, 2017 @ 12:33 PM

PM respects tradition of alternating top judges between Quebec and rest of Canada, names Wagner the SCC’s new chief justice Beverley McLachlin and Richard Wagner

Prime Minister Justin Trudeau has named Justice Richard Wagner — the top court’s senior Quebec puisne judge — as the 18th chief justice of Canada, succeeding Beverley McLachlin on Dec. 18. ... [read more]

Monday, December 11, 2017 @ 3:35 PM

Retrial due to judge’s errors ordered for woman convicted of killing her two daughters

A woman found guilty of first degree murder in the slaying of her two young daughters in 2013 will face a new trial after the Quebec Court of Appeal found the trial judge made a series of errors when instructing the jury, partly because of language differences. ... [read more]

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]