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Wednesday, August 16, 2017 @ 10:13 AM

CRIMINAL CODE OFFENCES - Fraudulent transactions relating to contracts and trade - Fraud over $5,000

Appeal by Dieckmann and Salmon from conviction and sentence for charges of fraud over $5,000. Dieckmann was charged with seven counts of fraud over $5,000 and Salmon was charged with one count of fraud over $5,000. ... [read more]

Monday, August 14, 2017 @ 01:42 PM

Increased snooping powers of police could have chilling effect on rights, book warns

As John Anderton in the blockbuster film Minority Report, Tom Cruise purposefully and passionately tracked down criminals — before they committed a crime. Holding people accountable by “developing opaque and flexible techniques in the arena of criminal investigation,” however, is not the stuff of science fiction, three Canadian lawyers argue in their new book. ... [read more]

Monday, August 14, 2017 @ 12:20 PM

EVIDENCE - Admissibility - Prejudicial evidence - Confessions and statements by the accused - Voluntariness

Appeal by the accused, Kelly, from a conviction for first degree murder. In 2000, the accused reported his common law spouse missing. In 2004, her body was found by land surveyors in a remote wooded area. An autopsy revealed she died from a single .22-calibre gunshot wound to the back of the head. ... [read more]

Monday, August 14, 2017 @ 12:18 PM

B.C. solicitor general plans to expand restorative justice throughout province

Mike Farnworth, British Columbia’s new solicitor general and the minister of Public Safety, has decided to make province-wide restorative justice a priority. ... [read more]

Monday, August 14, 2017 @ 08:44 AM

Groia case highlights tension between a lawyer's duty to both client and court | Julius Melnitzer

A hint of what awaits Joe Groia could very well be gleaned from the Supreme Court of Canada’s treatment of Quebec criminal lawyer Robert Jodoin, against whom the court upheld a personal costs award for bringing “unfounded and frivolous” motions alleging bias against a Quebec Superior Court judge. ... [read more]

Friday, August 11, 2017 @ 01:28 PM

Appeal court ruling contains a 'lot of lessons' for legal profession: lawyer Richard Fowler, Fowler and Smith Barristers

The B.C. Court of Appeal has ordered a new trial for a man convicted of assault and sexual assault against a former girlfriend after it ruled he received ineffective assistance of counsel, and the accused's appellate lawyer says the decision contains a "lot of lessons" about ensuring proper training for trial lawyers and any mistakes made were "utterly avoidable." ... [read more]

Friday, August 11, 2017 @ 08:39 AM

COMPUTER CRIMES - Offences - Obscenity and pornography - Child pornography - Penalties and sentencing - Search, seizure and surveillance

Appeal by the accused, Aalami, from a conviction and sentence for possession and distribution of child pornography. ... [read more]

Thursday, August 10, 2017 @ 06:55 AM

Lawyers raise concerns about clarity of provincial 'move over' traffic laws Nathan Baker

The Ontario government is calling for people to pay more attention to provincial “move over” laws when dealing with emergency vehicles, but some criminal lawyers are saying a possible reason for the steadily rising increase in charges under the laws is their lack of clarity. ... [read more]

Wednesday, August 09, 2017 @ 02:18 PM

Ontario Court of Appeal overturns drug, firearms convictions due to unlawful search James Lockyer

The Ontario Court of Appeal has overturned the conviction of a Hells Angels member on a multitude of drug and weapons charges after finding police knowingly violated the Charter while conducting a search and seizure, and the trial judge erred in entering the search evidence during trial. ... [read more]

Wednesday, August 09, 2017 @ 08:47 AM

CRIMINAL CODE OFFENCES - Offences against person and reputation - Homicide - First degree murder

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