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Wednesday, September 14, 2022 @ 11:29 AM

When no means yes: Laws that replace consent with coercion troubling trend Senior Day

Section 7 of the Canadian Charter of Rights and Freedoms protects Canadians’ right to life, liberty and security of the person and the right not to be deprived thereof other than in accordance with the principles of fundamental justice. ... [read more]

Wednesday, September 14, 2022 @ 9:34 AM

Ukraine, Russia and the International Court of Justice, part four World Court

The pearl for Ukraine is in Article XI of the Genocide Convention as with the former Yugoslavia and Holocaust cases. Ukraine sought to find the International Court of Justice’s Jurisdiction Ratione Materiae on the compromissory clause contained in Article IX of the Genocide Convention. A compromissory clause states the parties agree to subject a dispute to a third party for settlement. Ukraine and Russia are bound to Article XI of the Convention. ... [read more]

Tuesday, September 13, 2022 @ 2:59 PM - Last Updated: Tuesday, September 13, 2022 @ 6:25 PM

Sept. 19 will be federal holiday for Queen’s funeral; provinces asked to make it a day off nationally Justin Trudeau

Prime Minister Justin Trudeau has announced that Sept. 19 will be declared a federal holiday to mark the state funeral in London of Queen Elizabeth II. “We will be working with the provinces and the territories to try and see that we're aligned on this — there are still a few details to be worked out, but declaring an opportunity for Canadians to mourn on Monday is going to be important,” Trudeau told reporters Sept. 13 during the federal Liberal caucus treat in St. Andrews, N.B. ... [read more]

Tuesday, September 13, 2022 @ 11:23 AM

Should lawyers act as business peacekeepers for clients? | Mark Borkowski

Many lawyers hoping to resolve conflicts in their client’s workplaces use the legal process to resolve issues. This is not their domain and they should stay out of these issues. They should stay in their lane. ... [read more]

Tuesday, September 13, 2022 @ 6:03 AM

PROCEDURE - Trial judge’s duties - Charge or directions - Defences

Appeal by LaFrance from his conviction on nine counts. Application by LaFrance to admit new evidence in support of his contention that he had ineffective assistance of counsel at trial. LaFrance was convicted of two counts of sexual interference of a person under the age of 16 years, two counts of making child pornography, two counts of possessing child pornography, one count of luring for the purpose of making child pornography, one count of luring for the purpose of sexual interference, and one count of invitation to sexual touching of a person under the age of 16. ... [read more]

Monday, September 12, 2022 @ 4:18 PM

SCC kicks off historic week-long visit to Quebec City with media, students, jurists and public Richard Wagner

Supreme Court of Canada judges should be bilingual in both official languages, Chief Justice of Canada Richard Wagner said Sept. 12, as he and his colleagues kicked off a week of public outreach in Quebec City, where the judges are sitting outside Ottawa for only the second time in their court’s 147-year history. ... [read more]

Monday, September 12, 2022 @ 2:21 PM

Alberta child sex case addresses question: Porn or art? old camera

Few crimes in our society attract more moral opprobrium than child pornography cases. The Supreme Court of Canada in R. v. Sharpe 2001 SCC 2 branded the crime as one that is “inherently harmful to children and to society.” The court went on to state that child pornography undermines the Charter rights of children and other members of society by eroticizing “the inferior social, economic, and sexual status of children. It preys upon pre-existing inequalities.” ... [read more]

Friday, September 09, 2022 @ 3:07 PM

Uneasy lies the head that wears the Crown | Heather MacIvor

The death of Queen Elizabeth II is a sad milestone for everyone (myself included) who admired her strength and relished her occasional displays of mischievous wit. For 70 years, she reigned over an increasingly divided country (and an ever more fractious Commonwealth) without embroiling herself in political controversy — an astonishing feat of discretion and self-discipline. The Queen accepted the constraints of her constitutional role as the embodiment of the Crown. It is not entirely clear that King Charles III will prove equally restrained. ... [read more]

Friday, September 09, 2022 @ 2:27 PM

CONSTITUTIONAL ISSUES - Legal rights - Protection against arbitrary detention or imprisonment - Exclusion of evidence

Appeal by Santos from his conviction for possessing cocaine for the purpose of trafficking. A police officer stopped Santos to check his licence and registration, made observations that led him to believe that he had grounds to arrest him and found a 1.065-kilogram brick of cocaine in a garbage bag in the car during a search incidental to the arrest. ... [read more]

Friday, September 09, 2022 @ 12:38 PM

Back to law school 2022: The future of law is here Back to law school

From law firms accommodating, even fostering, neurodivergence to lawyers being called to the bar without articling — imagine law school curricula that not only require 1Ls to study Constitutional Law and Legal Process but also mandatory coding. ... [read more]