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Criminal

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Friday, June 08, 2018 @ 8:08 AM

CRIMINAL CODE OFFENCES - Homicide - Attempted murder

Appeal by accused from conviction and sentence. The appellant was a police officer with three years of experience. He was one of the first three officers to respond to a call about the victim, who was armed with a knife on a streetcar. ... [read more]

Thursday, June 07, 2018 @ 2:25 PM

How judges are dealing with mandatory minimum sentences Manindarkcell_sm.jpg

Mandatory minimum sentences are predefined terms for particular crimes, generally serious and violent offences enacted by the legislature where the judiciary has no discretion on the penalties despite extenuating circumstances. Varying across nations, mandatory minimum penalties are prevalent in common law jurisdictions and the first to introduce them for a drug related offence was the United States in the Boggs Act of 1951. Over the years, the U.S. mandatory minimums have been amended. The Harper government then introduced them with their “tough on crime” measures. ... [read more]

Thursday, June 07, 2018 @ 8:12 AM

SENTENCING - Sexual offences, public morals, disorderly conduct and nuisances - Extortion

Appeal by the accused from a global sentence of 18 months’ imprisonment, followed by three years’ supervised probation for voyeurism, distribution of an intimate image without consent and extortion. ... [read more]

Wednesday, June 06, 2018 @ 5:34 PM - Last Updated: Wednesday, June 06, 2018 @ 7:21 PM

Stressed employees at CBA’s Ottawa office move to unionize the 122-year-old national organization Exclusive

The Lawyer’s Daily has learned that workers at the national headquarters of the Canadian Bar Association (CBA) in Ottawa have filed an application to unionize ... [read more]

Wednesday, June 06, 2018 @ 3:23 PM

Legal and liability aftermath of the Yonge Street van attack red&bluecarcrash_sm.jpg

The insurance lawyer in me is interested in the various claims that have arisen (and might still arise) as a result of the April 23, 2018, “van attack” on Yonge Street. If you were to journey into my coverage-geek brain, this is what you might see: ... [read more]

Wednesday, June 06, 2018 @ 11:42 AM

Non-criminal lawyers must use caution advising those arrested, lawyers say James_Morton_sm

Lawyers not practising criminal law but called by people arrested should be cautious when giving guidance, but know enough to advise on staying silent, dealing with persistent police questioning and seeking criminal defence counsel, say legal experts. ... [read more]

Tuesday, June 05, 2018 @ 9:21 AM

B.C. to increase supports for jurors with post-trial stress, mental health issues Richard Fowler, Fowler Blok Criminal Defence Lawyers

The government of British Columbia is heeding a call to offer greater assistance to jurors who have experienced stress and mental health challenges after difficult trials, but a prominent defence counsel is saying the federal government needs to step up to the plate and change the Criminal Code to give jurors the ability to discuss the details of their cases in order to ensure they receive proper treatment. ... [read more]

Tuesday, June 05, 2018 @ 8:52 AM

Groia: Civility important but doesn’t trump full criminal defence | Richard Pound

In the recent decision: Groia v. Law Society of Upper Canada, 2018 SCC 27, it was very clear that securities litigator Joe Groia got poor marks and almost universal criticism on the “style” points in the successful defence of charges laid against his client by the Ontario Securities Commission (OSC). ... [read more]

Monday, June 04, 2018 @ 9:12 AM

Like it or not, plea deals necessary for Canada’s justice system, says legal scholar Isabel_Grant_sm

Plea bargaining is a far-from-perfect path to resolution, but is an essential pressure valve for Canada’s resource-strapped justice system, says a legal scholar. There are both pros and cons to the controversial practice of plea negotiations, said University of British Columbia law professor Isabel Grant, whose comments follow the release of a report by the Saskatchewan Law Review. ... [read more]

Monday, June 04, 2018 @ 8:44 AM

APPEALS - Grounds - Question of law - Substitution of verdict

Appeal by the Crown from the $10,000 fine imposed on the Big River First Nation following its guilty plea for failing to comply with an Environmental Protection Compliance Order. ... [read more]