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Criminal

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Monday, July 30, 2018 @ 11:20 AM

Lobster captains may be liable for bait infractions by crews, says lawyer

Maritime fishing skippers must be aware they could be held responsible for regulation infractions by their crew members, says a lawyer after a lobster captain was pinched for illegally using female crabs as bait. At the centre of the July 19 Prince Edward Island Court of Appeal decision in Griffin v. R. 2018 PECA 21 sat Kenneth Griffin, a licensed lobster fisherman convicted of using female rock crabs as bait, thus breaking rules laid out in the Atlantic Fisheries Regulations and the Fisheries Act. ... [read more]

Monday, July 30, 2018 @ 8:25 AM

CONTROLLED DRUGS AND SUBSTANCES - Trafficking - Marijuana

Appeal by Ippak from his conviction for trafficking. ... [read more]

Friday, July 27, 2018 @ 11:56 AM

No CSIS warrant for foreign intelligence gathering the proper call, says lawyer Craig_Scott_sm

If Canada’s spies are to gather foreign intelligence from outside the nation as part of investigating non-threat targets, the green light must ultimately come from Parliament. This is what one legal mind says following the Federal Court’s refusal to grant a warrant to the Canadian Security Intelligence Service (CSIS) for “extraterritorial” activities that are forbidden under provisions governing the spy agency. ... [read more]

Friday, July 27, 2018 @ 11:01 AM

Take caution when exploring dark web, Internet symposium told  Mark Penner and Daniel Tobok

Despite the potential for confusion between similar sounding names, the deep web and the dark web are different online spaces, but lawyers should be familiar with both. ... [read more]

Friday, July 27, 2018 @ 10:03 AM

APPEALS - Grounds - Miscarriage of justice

Reference by the Crown to the Court of Appeal in respect of the conviction of the accused, Biddle. ... [read more]

Thursday, July 26, 2018 @ 9:29 AM

CCLA, criminal lawyers raise red flags as Toronto approves increased surveillance Michael Bryant sm

Michael Bryant knows there’s a lot of fear in Toronto right now. “It feels more dangerous today, but the reality is that gun violence is not a prevalent risk for Canadians,” the executive director of the Canadian Civil Liberties Association (CCLA) said. Bryant and the CCLA have raised the alarm over the City of Toronto’s plan to increase surveillance and incorporate new audio technology, created by ShotSpotter, that is meant to detect gunfire through microphones placed on the city’s streets. ... [read more]

Wednesday, July 25, 2018 @ 12:03 PM

The best high for cannabis companies might come from strong IP rights potluggagetag_sm.jpg

Canada has become the first G7 country to legalize nationwide the purchase and use of recreational cannabis. On June 19, 2018, the Senate passed the final version of the Cannabis Act, also known as Bill C-45, by a vote of 52-29, ending Canada’s 95-year prohibition on cannabis. The law will come into force on October 17, 2018. Regulations under the Act were published on July 11, 2018. ... [read more]

Wednesday, July 25, 2018 @ 8:20 AM

CRIMINAL CODE OFFENCES - Sexual interference - Living off the avails of prostitution

Trial of the 37-year-old accused charged with six counts including sexual interference against the 17-year-old complainant. ... [read more]

Tuesday, July 24, 2018 @ 2:13 PM

Appeal Court rules concussed driver had ‘operating mind,’ retrial ordered in impaired driving case Bruce_Daley_sm

The importance of remaining silent while in custody is the takeaway from a court ruling that a concussed driver had an “operating mind” when he told police he had been drinking, say lawyers. ... [read more]

Tuesday, July 24, 2018 @ 8:27 AM

Advising family law litigators, protectors and clients on domestic violence issues Family violence

Self-esteem and domestic violence oftentimes go hand in hand when a client sees a family law lawyer. The question is, how often do we, as practitioners, notice this connection? How long has the abuse gone on? Who did the client tell? Why didn’t the client let anyone know when it all started? Sometimes the answers reveal much more about the victim rather than the abuser. ... [read more]