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Wednesday, June 17, 2020 @ 1:38 PM

Effect of suspended declaration of invalidity pre-empted by remedial legislation: B.C. Appeal Court Joven Narwal, Narwal Litigation LLP

The B.C. Court of Appeal has ordered new convictions for two men who had charges of living on the avails of prostitution quashed at trial, with a lawyer involved in the case saying it is the first time an appellate court has “squarely addressed” the effect of a suspended declaration of invalidity. ... [read more]

Wednesday, June 17, 2020 @ 11:25 AM

Automatism decision should not be hall pass for misleading headlines | Andrew Puiras

In R. v. Sullivan 2020 ONCA 333, the Ontario Court of Appeal recently struck down s. 33.1 of the Criminal Code as unconstitutional. The case involved two men who either killed or injured relatives while in drug-induced psychotic states. The men could not rely on the defence of non-mental disorder automatism because s. 33.1 prohibits such a defence where the automatism is caused by self-induced intoxication. ... [read more]

Wednesday, June 17, 2020 @ 9:36 AM

Task force aims to help modernize justice system and role of advocates Guy Pratte

Some of Canada’s greatest legal minds are coming together to contemplate the future of the country’s justice system beyond COVID-19. The Modern Advocacy Task Force, officially launched June 9 by The Advocates’ Society, will be made up of members from across the country and guided by a blue-ribbon advisory panel that will include former chief justice of Canada Beverley McLachlin and former Supreme Court of Canada justices Ian Binnie, Thomas Cromwell, Marie Deschamps, Clément Gascon, John C. Major and Marshall Rothstein. ... [read more]

Tuesday, June 16, 2020 @ 1:06 PM

COVID-19 poses access to justice hurdles for accused in Alberta custody Barbedwire

Like the rest of Canada, Alberta’s provincial courts and the Court of Queen’s Bench made drastic changes to their operations when health authorities directed suspension of regular business activities to prevent the spread of COVID-19. Since March 17 of this year, judges in provincial courts have only heard cases according to schedule if an accused was in custody. ... [read more]

Tuesday, June 16, 2020 @ 12:25 PM - Last Updated: Wednesday, June 24, 2020 @ 10:14 AM

B.C. Court of Appeal rules against defendants in ‘Mr. Big’ case

The B.C. Court of Appeal has dismissed the twin appeals of two men convicted of murder after a Mr. Big operation, with the provincial prosecution service saying the decision provides some guidance on how previous court decisions apply to confessions gathered when undertaking such an operation. ... [read more]

Tuesday, June 16, 2020 @ 10:49 AM

Catch the drift: How to deal with stunt driving coplight

In Ontario, stunt driving is most often related to people driving 50 kilometres per hour or more over the speed limit. While this is one manner of stunt driving, there are many more. ... [read more]

Tuesday, June 16, 2020 @ 9:52 AM

Alberta Court of Queen’s Bench releases new info on review and assessment hearings

The Court of Queen’s Bench has issued new instructions on booking review and assessment hearings in Edmonton and Calgary. ... [read more]

Tuesday, June 16, 2020 @ 9:36 AM

Mixed reaction as Alberta moves to revamp mental health laws Lorian Hardcastle, University of Calgary faculty of law

The Alberta government has announced plans to amend its mental health legislation in response to a 2019 court decision in which portions of it were struck down as unconstitutional, but a lawyer involved in that case is calling the proposals a “Band-Aid solution” which could invite further challenges down the road. ... [read more]

Tuesday, June 16, 2020 @ 9:18 AM

CRIMINAL CODE OFFENCES - Sexual assault - Consent

Appeal by the Crown from trial judgment allowing the respondent’s no-evidence motion and acquitting him of sexual assault. ... [read more]

Monday, June 15, 2020 @ 3:17 PM

Quebec Appeal Court administrative ruling may have ripple effect, lawyers say Stephanie Noonan

Quebec’s financial watchdog cannot be compelled to exercise its discretionary power to conduct an investigation into the “moral character” of individuals seeking a money services business licence as it is at the “very heart” of its specialized jurisdiction, held the Quebec Court of Appeal. ... [read more]