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Criminal

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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

COMPELLING APPEARANCE, DETENTION AND RELEASE

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]

Friday, February 09, 2018 @ 1:35 PM

PROCEDURE - Trials - Publication bans and confidentiality orders

Appeal by Canadian Broadcasting Corporation (CBC) from a judgment of the Alberta Court of Appeal which set aside the decision that dismissed the Crown’s motion for an interlocutory injunction. ... [read more]

Friday, February 09, 2018 @ 8:25 AM

Why we need Drug Treatment Courts | Lorne Sabsay

The Canadian Association of Drug Treatment Court Professionals (CADTCP) is comprised of judges, lawyers and treatment providers who either work in Canadian Drug Treatment Courts (DTCs) or advocate for them. We share common ground with Professors Anthony Doob and Rosemary Gartner (‘Taking a hard look at drug courts’, The Lawyer’s Daily, January 18, 2018) inasmuch as they advocate for more studies to evaluate the efficacy of DTCs. We do need more studies, particularly in Canada. However, our experience demonstrates the undoubted value of DTCs as an alternative to traditional criminal prosecution in appropriate cases. ... [read more]

Thursday, February 08, 2018 @ 12:28 PM

Province invests funds in eastern Ontario justice system

The provincial government is spending over $7 million in an attempt to improve access to justice in eastern Ontario and the capital region. ... [read more]