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Thursday, September 02, 2021 @ 9:07 AM

Access to Justice: Residential schools must be part of Canada’s nation-building narrative | Tricia Logan

I have been invited to be a contributor to the Right Honourable Beverley McLachlin’s Access to Justice column in The Lawyer’s Daily. I am sharing my perspective on the new era we are entering in our relationship to the Indian residential school system in Canada. ... [read more]

Thursday, September 02, 2021 @ 5:35 AM

MOTOR VEHICLES AND HIGHWAY TRAFFIC - Rules of the road - Use of electronic device

Appeal by Rajani from a decision upholding his conviction for using an electronic device while driving. The officer who issued the violation ticket observed the appellant looking down while driving. When the officer approached the vehicle, he saw a cell phone connected to a cord face-up in the appellant’s lap. ... [read more]

Wednesday, September 01, 2021 @ 2:45 PM

Prisoner voting in Canada | John L. Hill

A three-judge panel of the Superior Court in North Carolina ruled on Aug. 23 that convicted felons, who were not currently serving prison time, can now register to vote. This ruling applies to North Carolinians who are presently on probation, parole and post-release supervision. It has been estimated that this will add 56,000 voters to the state list of electors. ... [read more]

Wednesday, September 01, 2021 @ 12:57 PM

Quebec Appeal Court ruling shows danger of modifying oral decisions, law prof says University of Ottawa Law professor Emmanuelle Bernheim

The Quebec Court of Appeal overturned a lower court decision after it held that the judge went well beyond the limits of making minor modifications to a revised transcript of oral reasons by providing supplemental motives that gave the impression that they were crafted after the fact to substantially improve and bolster her reasons. ... [read more]

Wednesday, September 01, 2021 @ 9:14 AM

Decision opens ‘door onto a new type of reasoning for extending the limitation period’: counsel Subdoh Bharati, counsel for respondent

In upholding a lower court decision that a claim for false imprisonment in immigration detention was not statute-barred, the Ontario Court of Appeal has “opened a door onto a new type of reasoning for extending the limitation period,” counsel involved in the case said. ... [read more]

Wednesday, September 01, 2021 @ 5:27 AM

DEFENCES - Intoxication

Appeal by the Crown from a pre-trial ruling that s. 33.1 of the Criminal Code, which provided that self-induced intoxication was not a defence to any general intent offence involving interference with the bodily integrity of another person, was contrary to ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Tuesday, August 31, 2021 @ 3:11 PM

Canadian Judicial Council says it won’t issue guidance on mandatory vaccinations for judges, staff

The Canadian Judicial Council says it has no plans to provide national advice or to give guidance on the question of whether courts should mandate COVID-19 vaccination for judges or staff. ... [read more]

Tuesday, August 31, 2021 @ 12:04 PM

Prescription for public safety nightmare | Murray Fallis

Picture it. You’re a federal prisoner. After five years of incarceration in a maximum security institution you‘ve reached your Warrant Expiry Date, the day on which you are released. With a criminal record and a severe diagnosed mental health ailment you are handed two weeks of prescription medication and put on your way. ... [read more]

Monday, August 30, 2021 @ 3:19 PM

Quebec’s new corporate transparency framework draws praise, questions from lawyers

A new corporate transparency law recently enacted by the Quebec government will compel all private corporations and partnerships, regardless of where it is registered or incorporated, who conduct business in the province to disclose the identity and some information of the beneficial owners of their shares in a publicly accessible database, a requirement that goes further than similar legislation passed by the federal government and other provinces. ... [read more]

Monday, August 30, 2021 @ 2:59 PM

How to academically succeed in Ontario law schools Back to school logo

The results are in. You log into your portal to see your grades and a feeling of disbelief washes over you. Your highest mark is a 73 per cent? Your lowest undergraduate mark was a 76 per cent? How can this be? You go on Facebook and see people discussing their grades. A 90 per cent in a course? What? ... [read more]