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Thursday, October 27, 2016 @ 8:00 PM

Criminal Law - Appeals - Grounds - Misapprehension of or failure to consider evidence

Appeal by Langlois from convictions for possession of child pornography and accessing child pornography. Langlois testified at his trial, denying the allegations that he had knowledge and control of one image found in his Blackberry pictures folder and of six deleted images which were inaccessible without specialized tools. Langlois admitted that he purchased and used the Blackberry, that he visited an adult website after hearing about it from his girlfriend, and that he viewed only adult pornography there. He denied accessing any child pornography using the Blackberry, denied seeing any child pornography images, and testified he had no idea how they got on his device. Evidence from Bell Canada, service provider to Langlois, established that an internet session lasting 295 minutes took place on July 30, 2010 between 2:51 and 7:46 p.m., and that another data session took place on August 19, 2010. Langlois was arrested on July 30 and his Blackberry was seized at 4:04 p.m. Two accessible images found on the device, one of which was the image of child pornography that was the subject of the possession charge, was created on July 30 at 3:01 p.m. Dates for the creation of the deleted images could not be discerned. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Legal pot coming but impact on driving murky

Not Applcable ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Client compensation fund gets hefty increase

Clients who have money stolen by dishonest lawyers in Ontario can now be compensated by the Law Society of Upper Canada for up to $500,000 — a dramatic increase over the previous limit of $150,000. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Appeal court says text to recipient not private

The next time you send a text message to your spouse or best friend or colleague thinking that the communication is private, think again. It may not be. The Court of Appeal for Ontario has decided, in R. v. Marakah 2016 ONCA 542, that the sender of a text does not have a reasonable expectation of privacy in the message in the hands of the recipient. This means that once our text messages (or any communications sent through media that create digital records of our words) arrive on the other end, they are vulnerable to search and seizure by the police. And we cannot constitutionally challenge the search, seizure, or use of those communications. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Apply 'common sense' to breath tests, court says

A unanimous Saskatchewan Court of Appeal decision confirms the Crown does not need to prove that breath samples must be taken as soon as possible in an impaired driving case in order to satisfy the Criminal Code’s “as soon as practicable” requirement. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Criminal Law - Appeals - Grounds - Procedure

Appeal by the Crown from the dismissal of its application for substituted service of its appeal from Marton’s acquittal on charges of dangerous driving and flight from police. Marton was convicted of stunt driving in relation to the same information. The Crown made numerous attempts to serve Marton personally with the notice of appeal, then, having concluded that he was evading service, applied for an order for substituted service. The summary conviction appeal court dismissed the application on the basis that it lacked jurisdiction to order substituted service. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Legal Profession - Practice by unauthorized persons - Suspended or disbarred lawyers

Appeal by Beaver from the injunction granted to the Law Society, prohibiting Beaver, a suspended lawyer, from engaging in the practice of law, including acting as an agent. Beaver had been a criminal defence lawyer in Edmonton for many years prior to being suspended in May 2015 amid allegations of financial misconduct. The suspension was interim in nature, as the investigation by the Society was ongoing. Following the suspension, Beaver began operating a website, Beaver Legal Consulting, in which he offered services as a legal agent. The website contained a disclaimer stating that he was not currently licensed to practice law and was facing an interim suspension imposed by the Society. In December 2015, the Society relayed concerns to Beaver that he was providing legal services. It asked Beaver to sign an undertaking to refrain from engaging in various prohibited activities. Beaver took the position that his signature on the undertaking did not preclude his acting as an agent. In January 2016, the Society brought an originating application asking for declarations that Beaver was providing legal services and acting as a barrister and solicitor, and seeking injunctive relief to prevent him from practicing law and providing any of the services offered by his website. ... [read more]

Thursday, October 20, 2016 @ 8:00 PM

Catch and release

A justice of the peace in Guelph, Ont., has released a judgment on bail that could change how lawyers apply the bail provisions of the Criminal Code. In his reasons, justice of the peace Michael Cuthbertson relies on s. 515(3) of the Criminal Code which requires the Crown to “show cause” why any release more onerous than an undertaking is necessary. ... [read more]

Thursday, October 13, 2016 @ 8:00 PM

‘Deep concerns’ over proposed security panel

Battle lines are being drawn in the House of Commons over the Liberal government’s proposed new National Security and Intelligence Committee of Parliamentarians. ... [read more]

Thursday, October 13, 2016 @ 8:00 PM

Sentencing - Homicide - Second degree murder - Particular sanctions - Imprisonment - Parole ineligibility

Sentencing of Biddersingh following her second degree murder conviction. The Crown sought a period of parole ineligibility of between 18 and 22 years, while the defence argued for an ineligibility period of 10 years. Members of the jury recommended an ineligibility period ranging from 10 to 20 years. The victim was Biddersingh’s step-daughter, who immigrated with her brothers to Canada from Jamaica at their father’s request. The father convinced the children’s biological mothers in Jamaica that the children could have a better life in Canada with himself and his wife Biddersingh. The children were housed with Biddersingh and the father in a tiny apartment. The victim was 13 years old when she came to Canada. She was never enrolled in school and was subjected to three years of extreme abuse and neglect until she died from what was possibly malnutrition or possibly drowning at the age of 16. She weighed only 55 pounds and had multiple healing fractures at the time of her death. Her body was discovered in a suitcase that had been set afire outside a dumpster in 1991. Her brother testified that Biddersingh was a full participant along with her husband in the abuse and neglect of the victim, the attempt to dispose of her body and the false story told to the victim’s mother that she had stolen Biddersingh’s jewellery and run away from home. Biddersingh was not charged until 2012, when she admitted to her pastor that the victim had died in her care. She committed no offences in the interim period. She did not acknowledge her role in the victim’s death. She claimed her husband and his son were solely responsible for the abuse and neglect of the child and that her status as an abused wife rendered her incapable of stepping in to protect the victim. ... [read more]