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Wednesday, February 20, 2019 @ 12:25 PM

No jail in case of alcohol-induced psychosis shows ‘flexibility’ of courts, says lawyer Mark_Knox_sm

An Appeal Court’s decision to spare a remorseful university student jail time for barging into strangers’ apartments while in a violent state of drunken delirium underlines the importance of restorative justice for exceptional circumstances, says a lawyer. ... [read more]

Wednesday, February 20, 2019 @ 8:00 AM

CONTROLLED DRUGS AND SUBSTANCES - Constructive possession

Appeal by the accused, Brown, from a conviction for multiple counts of possession for the purpose of trafficking. ... [read more]

Wednesday, February 20, 2019 @ 7:59 AM

OFFENCES AND ENFORCEMENT - Human smuggling and trafficking

Appeal by the Crown from stay of proceedings granted to the respondents pursuant to their s. 11(b) Charter application. ... [read more]

Tuesday, February 19, 2019 @ 1:53 PM

Real shame of Lavalin affair | Sam Goldstein

A deferred prosecution agreement (DPA), or as the Canadian Criminal Code refers to it — remedial agreement — is an agreement entered between a prosecutor and a company alleged to have engaged in fraudulent behaviour. The effect of the DPA is to suspend a criminal proceeding while the company simultaneously denounces its behaviour by paying out financial restitution, adopting remedial measures or enhanced reporting requirements, or allowing third-party oversight. The Crown’s side of the agreement is that it withdraws or stays charges. ... [read more]

Friday, February 15, 2019 @ 4:02 PM - Last Updated: Friday, February 15, 2019 @ 4:36 PM

Lawyers dispute claim solicitor-client privilege bars ex-AG comment on alleged PMO ‘pressure’ in SNC-Lavalin case Jody Wilson-Raybould

Some legal experts dispute the assertion that solicitor-client privilege bars Jody Wilson-Raybould from making any comment on The Globe and Mail’s explosive but unproven allegation that the Prime Minister’s Office (PMO) “pressed” the then-attorney general last fall to nix the bribery prosecution of SNC-Lavalin in favour of a remediation agreement enabling the Montreal-based construction giant to remain eligible for lucrative federal government contracts. ... [read more]

Friday, February 15, 2019 @ 10:40 AM

Statutory interpretation life and death issue in assistance in dying law docatdeathbed.jpg

In law we often use phrases that, we hope, strike a balance between offering both guidance and flexibility. I imagine the conversations legislative drafters must have as they debate the interpretation of specific words, dancing the line between detailed legislation and constitutional infringement. ... [read more]

Thursday, February 14, 2019 @ 1:44 PM

CRIMINAL CODE OFFENCES - Sexual offences, public morals, disorderly conduct and nuisances - Sexual offences

Appeal by the Crown from a judgment of the Ontario Court of Appeal affirming the acquittal of Jarvis. ... [read more]

Thursday, February 14, 2019 @ 1:35 PM

Imperfect science of cannabis impairment testing potleafdesk

Employers face a serious challenge in cannabis testing in the workplace — the current science cannot test for present impairment. Cannabis has unique qualities that make it unlike other drugs or alcohol. It is processed differently by the body, creates inactive byproducts and is retained in body tissue for weeks or longer. ... [read more]

Thursday, February 14, 2019 @ 11:51 AM - Last Updated: Thursday, February 14, 2019 @ 3:54 PM

SCC rules teacher’s secret recording of students in school’s common spaces was criminal voyeurism Chief Justice Richard Wagner

People can have a reasonable expectation of privacy in public spaces, the Supreme Court of Canada has confirmed 9-0 in a landmark privacy judgment that convicts an Ontario high school teacher of voyeurism for using a camera pen to secretly record the faces and breasts of female students. ... [read more]

Thursday, February 14, 2019 @ 8:39 AM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Second degree murder

Appeal by the accused, Jiang, from a conviction for second degree murder. ... [read more]