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Criminal

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Wednesday, June 13, 2018 @ 1:48 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Aboriginal rights - Remedies for denial of rights

Ewert appealed from a judgment of the Federal Court of Appeal setting aside a decision finding Correctional Service of Canada (CSC) had breached its obligation under s. 24(1) of the Corrections and Conditional Release Act (CCRA) and had infringed Ewert’s rights under s. 7 of the Charter. ... [read more]

Wednesday, June 13, 2018 @ 8:37 AM

Texting to a driver could be illegal — here’s why texting driver

In the criminal justice system, a person is guilty of criminal negligence if they do anything, or omit to do something that is their duty, that shows a wanton or reckless disregard for the lives or safety of other people. While it is rarely seen as these matters often do not come to light until after the unfortunate injuries or death have already occurred. ... [read more]

Wednesday, June 13, 2018 @ 8:17 AM

PROCEDURE - Trials

Appeal by the Provincial Crown from a decision dismissing an application for prerogative relief. ... [read more]

Wednesday, June 13, 2018 @ 8:03 AM

Senate dumps random breath testing, sets stage for showdown with Commons Marc Gold

In a dramatic tie vote, the Senate has removed mandatory alcohol screening (MAS) from the Trudeau government’s impaired driving bill (Bill C-46) — a controversial move pushed for by many lawyers’ groups that also sets the stage for a showdown between the red chamber and the House of Commons. ... [read more]

Tuesday, June 12, 2018 @ 10:39 AM

New ‘use of force’ training in Manitoba means more accountability of officers: expert Michael_Weinrath_sm

A new “use of force” simulation lab in southern Manitoba will help the justice system further evaluate police accountability in high-stakes crisis encounters with the mentally ill, says a scholar. The Use of Force Simulation Lab, developed by the Brandon Police Service (BPS), Manitoba’s government and Assiniboine Community College, uses a life-sized video screen that places trainee officers in various virtual situations. ... [read more]

Tuesday, June 12, 2018 @ 9:20 AM

‘I am nobody’: A lawyer’s experience as a victim in the criminal justice system John_Macfarlane_Greg_Gilhooly_sm

Greg Gilhooly has an impressive list of accomplishments. A graduate of Princeton and the University of Toronto’s law school, he played varsity hockey for both schools and went on to become a successful lawyer and family man. However, he hid a dark secret from the world for many years, one that led him to attempt suicide, to eventually seek help and then become an advocate for reform in the criminal justice system. ... [read more]

Tuesday, June 12, 2018 @ 8:10 AM

STATUTES - Construction - By context - Legislative intent

Sentencing of the 56-year-old offender who pled guilty to making sexually explicit material available to a person under 16-years-old. ... [read more]

Monday, June 11, 2018 @ 5:13 PM

Top military judge to face court martial after independent prosecutor prefers eight charges Mario Dutil

The top judge of the Canadian military will face a court martial — presided over by a fellow military judge and with additional new charges including fraud under $5,000 — in an unprecedented case that opens a legal can of worms. ... [read more]

Monday, June 11, 2018 @ 11:46 AM

Appeal decision acknowledges ‘borderline’ Charter breach but keeps evidence Zilla_Jones_sm

An Appeal Court decision to include evidence in the name of upholding justice sat at the heart of a “borderline” Charter breach case involving a pot-filled suitcase, a drug-sniffing dog and an unlawful arrest. In what seemed like a conflicting two-part decision, the Court of Appeal of Manitoba recently ruled that while a woman was unconstitutionally arrested for transporting marijuana across Canada, evidence in the case would remain in play and her conviction of possession for the purpose of trafficking would stand. ... [read more]

Monday, June 11, 2018 @ 8:54 AM

Why an employer should review its internal policies in light of Bill C-45 potfactory_cm.jpg

Despite the approaching entry into force of Bill C-45 legalizing the use of recreational cannabis in Canada, a recent publication by the Canadian Centre on Substance Use and Addiction concluded that a majority of employers have not yet addressed and evaluated their internal policies and practices with respect to substance abuse in the workplace. ... [read more]