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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]

Monday, February 05, 2018 @ 8:40 AM

B.C. Appeal Court declares provision on pretrial custody credit unconstitutional

The British Columbia Court of Appeal has declared a provision of the Criminal Code limiting pretrial custody credit for certain offenders to be unconstitutional, a decision that was called inevitable given a prior Supreme Court ruling on the same section of the Code. The genesis of the decision in R. v. Romanchych 2018 BCCA 26, released Jan. 26, dates back to March 2015, when Colby Romanchych was found with loaded guns and stolen credit cards. ... [read more]

Friday, February 02, 2018 @ 9:03 AM

The devil is in the details of the #MeToo Movement | Julius Melnitzer

The #MeToo Movement, a cause so noble in its aim of correcting the historical abuse heaped on women, should never have become mired in the controversy that now threatens it. ... [read more]

Thursday, February 01, 2018 @ 7:18 AM

CLA says post-trial mental health support for jurors should extend also to defence counsel Breese Davies

Grisly images of people being murdered, tortured, or sexually abused are the stuff of nightmares and, unfortunately, also of criminal trials. ... [read more]