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Friday, February 09, 2018 @ 1:35 PM

PROCEDURE - Trials - Publication bans and confidentiality orders

Appeal by Canadian Broadcasting Corporation (CBC) from a judgment of the Alberta Court of Appeal which set aside the decision that dismissed the Crown’s motion for an interlocutory injunction. ... [read more]

Friday, February 09, 2018 @ 8:25 AM

Why we need Drug Treatment Courts | Lorne Sabsay

The Canadian Association of Drug Treatment Court Professionals (CADTCP) is comprised of judges, lawyers and treatment providers who either work in Canadian Drug Treatment Courts (DTCs) or advocate for them. We share common ground with Professors Anthony Doob and Rosemary Gartner (‘Taking a hard look at drug courts’, The Lawyer’s Daily, January 18, 2018) inasmuch as they advocate for more studies to evaluate the efficacy of DTCs. We do need more studies, particularly in Canada. However, our experience demonstrates the undoubted value of DTCs as an alternative to traditional criminal prosecution in appropriate cases. ... [read more]

Thursday, February 08, 2018 @ 12:28 PM

Province invests funds in eastern Ontario justice system

The provincial government is spending over $7 million in an attempt to improve access to justice in eastern Ontario and the capital region. ... [read more]

Tuesday, February 06, 2018 @ 11:37 AM

Stewart McKelvey adds P.E.I. associates

Two associates have joined Stewart McKelvey’s Charlottetown branch. They are Justin Milne and Michael Fleischmann. ... [read more]

Tuesday, February 06, 2018 @ 8:06 AM

SENTENCING - Extortion - Imprisonment - Probation - Deterrence - Denunciation - Seriousness of offence

Sentencing of Hunt, who pleaded guilty to extortion after he threatened to post nude photographs of his ex-romantic partner on Facebook. ... [read more]

Tuesday, February 06, 2018 @ 8:01 AM

EVIDENCE - Privilege - Privileged relationships - Solicitor and client

Application by the two accused, charged with fraud offences, for a stay of proceedings following a finding that their s. 7 and s. 8 Charter rights had been breached. ... [read more]

Tuesday, February 06, 2018 @ 7:06 AM

New chief justice of Canada seeks ‘good justice for all,’ reforms to ‘opaque’ judicial discipline, administration Richard Wagner

Lawyers and judges should strive for “good justice for all and not exceptional justice for a few,” the new chief justice of Canada says. ... [read more]

Monday, February 05, 2018 @ 11:27 AM

PROCEDURE - Trial judge’s duties

Appeal by the accused from his conviction for first degree murder. ... [read more]

Monday, February 05, 2018 @ 8:57 AM

The new face of Aboriginal sentencing

R. v. Gladue [1999] 1 S.C.R. 688 is 19 years old. How many readers have honestly read Gladue? As with many SCC cases, key paragraphs become routine submissions. The essence and spirit of Gladue is sometimes lost. Fresh cases are necessary to modernize Gladue. One of the most impactful judgements rendered this past year was R. v. Morrisseau, 2017 ONCJ 307. Anyone involved in the criminal justice system in Canada should read this case. ... [read more]

Monday, February 05, 2018 @ 8:53 AM

The case for pardoning those with marijuana convictions | Anthony Doob and Rosemary Gartner

Sometime soon, adults in Canada will be able to use marijuana without fear of a criminal conviction. Judging from a 2014 Statistics Canada survey of 33,089 Canadians in the 10 provinces, it is likely that about 1.99 million Canadians age 15 and older used marijuana in the past month even though it currently is a criminal offence. Indeed, from this survey, it would appear that about 14 per cent of 15- to 34-year-olds in Canada used marijuana in the past month. ... [read more]