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Friday, March 23, 2018 @ 8:37 AM

Bill C-46 is constitutional and should be passed by the Senate | Marc Gold

The Senate Standing Committee on Legal and Constitutional Affairs is studying Bill C-46, the government’s proposed changes to the Criminal Code provisions dealing with impaired driving. As a member of that committee, and as a law professor specializing in constitutional law, civil liberties and the law of evidence, I read with interest the March 7 article by Cristin Schmitz in which several of my colleagues on the committee, including the chair, pronounced on the constitutionality of the bill. Despite my respect for my colleagues’ opinions and expertise, I believe their conclusions to be premature, potentially misleading and, in my opinion, wrong in law. ... [read more]

Friday, March 23, 2018 @ 8:37 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Trial within a reasonable time - Waiver

Appeal by the accused from a decision dismissing his application for a stay of proceedings due to delay and from his conviction for criminal harassment of his former lover. ... [read more]

Friday, March 23, 2018 @ 8:19 AM

Challenges will come, say lawyers opposing change to Newfoundland legal aid law Michael_King_sm

Court challenges are expected as Newfoundland axes the option legal aid recipients had of turning to the private bar for defence in the most serious of criminal cases. ... [read more]

Thursday, March 22, 2018 @ 2:01 PM

RCMP’s new DNA collection program designed to help find missing people

The federal government intends to make it easier to track missing people across Canada through the creation of the RCMP’s National Missing Persons DNA Program. ... [read more]

Thursday, March 22, 2018 @ 12:28 PM

New DNA tests ordered in 1983 murder case ‘in the interests of justice,’ says B.C. Court of Appeal Nikos Harris

The B.C. Court of Appeal has ordered new DNA tests in the case of a man who has been in prison for over 30 years for a murder he says he did not commit. ... [read more]

Wednesday, March 21, 2018 @ 3:49 PM - Last Updated: Wednesday, March 21, 2018 @ 5:48 PM

McLachlin nominated for Hong Kong’s top court Beverley McLachlin

Beverley McLachlin, Canada’s former top judge with a strong record of defending judicial independence here and abroad, is expected to soon join Hong Kong's Court of Final Appeal as a non-permanent member. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Wednesday, March 21, 2018 @ 5:12 AM - Last Updated: Wednesday, March 21, 2018 @ 11:56 AM

Concerns raised about growing trend to oral judgments at Supreme Court Adam Goldenberg

Some Supreme Court watchers are raising questions and concerns about the top court’s growing practice of disposing of cases orally from the bench, without subsequently issuing written reasons. ... [read more]

Tuesday, March 20, 2018 @ 3:16 PM

Goodale tables gun law aimed at enhancing public safety Ralph Goodale

The Trudeau government is proposing legislation to more strictly regulate guns and roll back contentious reforms made by the predecessor Conservative government. ... [read more]

Tuesday, March 20, 2018 @ 6:51 AM

PROCEDURE - Crown's duties - Disclosure - Trials - Mistrial

Application by the defendant Robinson for a mistrial. ... [read more]