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Tuesday, April 23, 2019 @ 9:35 AM

CRIMINAL CODE OFFENCES - Attempted murder

Appeal by the accused from conviction for attempted murder. ... [read more]

Tuesday, April 23, 2019 @ 9:31 AM

Law prof ‘surprised’ by B.C. Court of Appeal decision in malicious prosecution case Bradley Bryan, University of Victoria faculty of law

The B.C. Court of Appeal has reversed a lower court’s decision that the Canada Revenue Agency (CRA) maliciously prosecuted a couple in a tax evasion case, saying the trial judge improperly narrowed his consideration of what evidence was important in assessing whether cause existed to initiate the prosecution. ... [read more]

Thursday, April 18, 2019 @ 5:11 PM

SCC rules police did not violate Charter s. 8 with warrantless sting aimed at online child predators Russell Brown

The Supreme Court of Canada has ruled 6-1 that an undercover police officer who created a fictitious identity online that purported to be a 14-year-old girl did not need a warrant to surreptitiously record his online communications with a suspected child predator — nor was the latter’s constitutional right to be free from unreasonable search and seizure engaged by this police investigative technique. ... [read more]

Thursday, April 18, 2019 @ 1:56 PM

Mansplaining to the Honourable Jody Wilson-Raybould | Robert Harvie

Brian Greenspan recently published an article in The Globe and Mail, being rather critical of our former justice minister, “Did Jody Wilson-Raybould understand her role as attorney general?” ... [read more]

Thursday, April 18, 2019 @ 1:29 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against unreasonable search and seizure

Appeal by Mills from a judgment of the Newfoundland and Labrador Court of Appeal affirming his conviction for luring a child via the Internet. ... [read more]

Thursday, April 18, 2019 @ 8:55 AM

Refreshing to see court call out ‘run-around’ of right to counsel in assault case: law prof Lisa Silver, University of Calgary faculty of law

The B.C. Court of Appeal has upheld a man’s sexual assault conviction despite finding a statement he made in the case was obtained in violation of his right to legal counsel. ... [read more]

Wednesday, April 17, 2019 @ 1:09 PM

Feds promote Alberta judge to Court of Queen’s Bench

The federal Department of Justice announced on April 17 that Susan E. Richardson, a judge of the provincial court of Alberta, is appointed a justice of the Court of Queen’s Bench of Alberta, and a judge ex officio of the Court of Appeal of Alberta. ... [read more]

Wednesday, April 17, 2019 @ 9:47 AM

Court orders changes to sex-offender registry laws regarding accused ruled not criminally responsible

Within a year, anyone who is found not criminally responsible on account of mental disorder (NCRMD) for a sexual offence and receives an absolute discharge may no longer be required to register under the federal and Ontario sex offender registries following an April 4 ruling by the Ontario Court of Appeal. ... [read more]

Tuesday, April 16, 2019 @ 10:54 AM

Online restitution payments welcomed in Nova Scotia Tilly_Pillay_sm

Nova Scotia hopes its pioneering move of allowing restitution payments to be paid online will help boost low rates of offenders handing over what is owed to crime victims. The online option, launched March 21 by the Nova Scotia Department of Justice’s court and victim services divisions, allows those ordered to pay restitution to do it anytime, from wherever there is the Internet. ... [read more]

Tuesday, April 16, 2019 @ 9:05 AM

SENTENCING - Child pornography - Particular sanctions

Appeal by the accused from a sentence of eight months’ imprisonment and 18 months’ probation for possession of child pornography. ... [read more]