Focus On

Criminal

Latest

Friday, March 20, 2020 @ 5:36 PM

SCC sets new test, high bar on defence, for proving judges’ verdict deliberations were unduly delayed Michael Moldaver

In a groundbreaking decision which holds that undue delay by trial judges in rendering verdicts does not count toward Jordan’s 18-month and 30-month trial delay ceilings, the Supreme Court of Canada has set a high threshold for defence claims that a judge breached an accused’s s. 11(b) Charter right to trial within a reasonable time by taking too long to render a verdict. ... [read more]

Friday, March 20, 2020 @ 3:50 PM - Last Updated: Tuesday, March 24, 2020 @ 12:47 PM

B.C. provincial court suspends regular operations as of March 25

Effective March 25, 2020 (and unless otherwise stated in this notice), Chief Judge Melissa Gillespie has suspended regular operations of the provincial court of British Columbia at all of its locations to protect the health and safety of court users and to help contain the spread of COVID-19. In light of the extraordinary circumstances during the current public health emergency, people are strongly discouraged from attending any courthouse. ... [read more]

Friday, March 20, 2020 @ 3:48 PM

Quebec bar sets up free phone-in clinic for questions about COVID-19 Lida_Sara_Nouraie

The Quebec law society launched on March 20 a free telephone call-in legal clinic to help citizens with questions they may have regarding their rights and responsibilities in light of the COVID-19 pandemic. ... [read more]

Friday, March 20, 2020 @ 2:21 PM

What you have to know when pandemic forces you to work from home | Russell Bennett

When I started my law firm (of one) almost two years ago, I decided to work from home. ... [read more]

Friday, March 20, 2020 @ 2:07 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Procedural rights - Trial within a reasonable time

Appeal by KGK from a judgment of the Manitoba Court of Appeal refusing his appeal of a judgment that dismissed his motion for a stay of proceedings based on violation of his rights under s. 11(d) of the Canadian Charter of Rights and Freedoms (Charter) to be tried within a reasonable time. ... [read more]

Friday, March 20, 2020 @ 1:09 PM

Northwest Territories courts mandate telephone appearances by counsel

On March 19, Chief Judge Robert Gorin of the Territorial Courts released directions to the profession in response to COVID-19. ... [read more]

Friday, March 20, 2020 @ 1:04 PM

Manitoba’s Appeal Court scales back to fight COVID-19

The Manitoba Court of Appeal has suspended most of its operations in a bid to rein in the spread of COVID-19. ... [read more]

Friday, March 20, 2020 @ 12:38 PM

Indigenous needs during pandemic demand culturally competent response | Naomi Sayers

In May 2019, the final report of the national inquiry into the missing and murdered Indigenous women, girls and two-spirit people was leaked to the media. The final report contained 231 calls for justice, which are described as “legal imperatives”. Some of those calls for justice highlight health and wellness, and Indigenous rights, to name a few. The calls for justice are more important now than ever especially as the current novel coronavirus, or COVID-19, spreads to Canada. ... [read more]

Friday, March 20, 2020 @ 12:20 PM

Courts can learn to modernize through COVID-19 crisis, experts say Trevor_Farrow_sm

Courts relying on the news media to provide openness after barring the general public from proceedings during the COVID-19 outbreak has cast light on the justice system’s lack of progress in using social media and technology to stay accessible, legal minds say. ... [read more]

Friday, March 20, 2020 @ 10:43 AM

Criminal lawyers group urges courts to ‘implement systems’ for remote access in wake of COVID-19 Cassandra_DeMelo_sm

In response to the COVID-19 pandemic, the Criminal Lawyers’ Association (CLA) rallied its 1,500 members to volunteer and be present at every courthouse in Ontario over the past week. According to a release, the goal was to “secure the release of hundreds of persons who might otherwise have been at high risk of infection while incarcerated.” However, with the risk to counsel being real as well, CLA president John Struthers released a statement that said it is “with regret, and in order to protect our members and the public: The Criminal Lawyers’ Association has determined that we must have our volunteers leave all courthouses after Friday, March 20th at 12 noon.” ... [read more]