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Criminal

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Wednesday, August 14, 2019 @ 6:47 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Right to counsel of choice

Appeal by accused, Canavan, from convictions for impaired driving causing death, driving with an illegal blood-alcohol level, and two counts of impaired driving causing bodily harm. ... [read more]

Tuesday, August 13, 2019 @ 6:41 AM

SENTENCING - Sexual assault - Breaking and entering - Imprisonment

Appeal by the offender, Pete, from a sentence for breaking and entering a dwelling house, and sexual assault. ... [read more]

Monday, August 12, 2019 @ 11:53 AM

Crown prosecutor appointed as Saskatchewan provincial court judge

The government of Saskatchewan announced the appointment of Thomas Healey as a judge to the provincial court in Prince Albert. ... [read more]

Monday, August 12, 2019 @ 11:53 AM

Manhunt case important lesson on presumption of innocence | Kyla Lee

In what was the most interesting news story of the summer, all of Canada watched as police descended on Gillam, Man., to carry out a days-long manhunt for two young men from Port Alberni, B.C., believed to have committed up to three murders in northern B.C. ... [read more]

Monday, August 12, 2019 @ 11:05 AM - Last Updated: Monday, August 12, 2019 @ 12:09 PM

G7 leaders urged to protect lawyers from harm, ensure AI doesn’t oust human decision making Raymond Adlington

Next week bar association presidents from Canada and the other G7 nations will jointly urge their countries’ political leaders to legally protect lawyers and the confidentiality of the lawyer-client relationship, as well as to ensure that the emerging use of artificial intelligence (AI) and algorithms in legal decision making doesn’t harm human dignity, fundamental rights and access to justice. ... [read more]

Monday, August 12, 2019 @ 10:42 AM

POWERS OF SEARCH AND SEIZURE - Seizure - Forfeiture of items seized

Application by the Director for an order of forfeiture of the home of the defendant Nguyen. ... [read more]

Monday, August 12, 2019 @ 9:46 AM

Judges must use restraint in rejecting joint submissions, Nunavut Appeal Court finds Scott_Cowan_sm

Joint submissions are not to be “interfered with lightly” — particularly in a challenging place like Nunavut, says a lawyer following an appeal decision denouncing a judge’s rejection of what was deemed a reasonable sentence proposed by defence and Crown counsel. ... [read more]

Friday, August 09, 2019 @ 2:28 PM

Champerty in third-party litigation funding darkfacebehinddollars.jpg

The standard rule in Canadian civil litigation is that the loser pays a portion of the legal costs of the winning side. Such a rule does not make sense for class actions, including employee class actions. There is a single plaintiff in court who represents a large class of persons — the representative plaintiff. No sane representative plaintiff who might stand to gain $100 from the success of a class action is going to expose himself to the risk of an adverse cost award that could be over $1 million. ... [read more]

Thursday, August 08, 2019 @ 1:19 PM

How blind spots affect judgment in everyday legal practice Two heads grey

This is the final part of a three-part series discussing how cognitive biases and heuristics can affect everyday legal practice. Part one discussed the well-known concept of anchoring. Part two dealt with the concepts of framing and the illusory truth effect. This final chapter addresses the concept of “irrational escalation” and the “bias blind spot.” ... [read more]

Thursday, August 08, 2019 @ 11:36 AM

The man with the newspaper | Ron Dalton

One day a man gave me his used newspaper to read, he did the same for each of the next five days, hardly a monumental act of kindness but one which had an immediate and lasting impact on my life. It was the summer of 1988 and I had just been arrested for the murder of my wife, the mother of our three young children. I was sitting in a holding cell of the local RCMP detachment in a small rural Newfoundland town. ... [read more]