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Criminal

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Monday, May 13, 2019 @ 11:10 AM

EVIDENCE - Hearsay rule - Exceptions - Necessary and reliable evidence

Appeal by the accused from conviction for second degree murder and attempted murder. ... [read more]

Friday, May 10, 2019 @ 5:41 PM

SCC rules immigration detainees can apply to provincial superior courts for habeas corpus Nico Breed

The Supreme Court of Canada has affirmed 6-1 that persons detained pursuant to the Immigration and Refugee Protection Act (IRPA) may seek habeas corpus review in superior court when the detainee contends that the detention’s length, uncertain duration or conditions are illegal. ... [read more]

Thursday, May 09, 2019 @ 4:57 PM - Last Updated: Thursday, May 09, 2019 @ 11:47 PM

SCC says Clément Gascon in ‘good health’ after judge went missing in Ottawa for hours Gascon_sm

Supreme Court of Canada Justice Clément Gascon, who was reported missing for several hours on May 8 by Ottawa police before he was located “safe and sound” — reportedly in hospital — is “in good health,” according to his family. ... [read more]

Wednesday, May 08, 2019 @ 11:45 AM

Taking nude screenshots without consent from live web chat is voyeurism: Ontario Court of Appeal

Taking nude images of an intimate partner without consent, regardless of whether the consensual sexual activity occurred in “virtual space” over the web or in a “physical room,” constitutes voyeurism, the Ontario Court of Appeal ruled on May 2. In R. v. Trinchi 2019 ONCA 356, the three-judge appellate court panel unanimously held that the appellant violated the complainant’s reasonable expectation of privacy by grabbing screenshots of her when she appeared nude in sexually provocative poses on webcam during their Skype chats. ... [read more]

Wednesday, May 08, 2019 @ 9:31 AM

Ottawa tables legislation to create independent oversight for CBSA Ralph Goodale

The Liberal government has unveiled legislation to revamp the RCMP’s public complaints body and create external oversight for the Canada Border Services Agency (CBSA). ... [read more]

Tuesday, May 07, 2019 @ 1:01 PM

Ford cuts, Goldstein column, revisited | Scott Reid

It was with dismay bordering on disbelief that I read Sam Goldstein’s article in The Lawyer’s Daily regarding crime victim compensation. ... [read more]

Tuesday, May 07, 2019 @ 12:26 PM

Liberals mum on if federal court judges who are Quebec bar members can apply for SCC vacancy Leonid Sirota

Applications close May 17 for the impending Quebec vacancy on the Supreme Court of Canada, but the government of Canada is not saying whether it would consider applications from Quebec judges of the Federal Court, Federal Court of Appeal and Tax Court who also are members of the Quebec bar. ... [read more]

Monday, May 06, 2019 @ 11:16 AM

How Ford makes crime victim compensation easier | Sam Goldstein

Premier Ford’s government is taking a lot of criticism for changes to the justice sector. The recent Ontario budget announced a 30 per cent reduction in Legal Aid Ontario (LAO) funding and eliminated certificates for refugee hearings altogether. A Toronto Star headline claimed victims of crime are about to be stiffed in compensation by the Ontario budget; and, the CBC proclaimed that the Ontario Progressive Conservatives were immunizing themselves from civil liability with proposed changes to the Proceedings Against Crown Act (PACA). ... [read more]

Monday, May 06, 2019 @ 9:30 AM

Saskatchewan case a reminder: sharing illegal drugs is trafficking Thomas_Hynes_sm

Defence lawyers must make sure clients testifying in their drug trials understand that sharing illicit drugs with others is still considered trafficking, says the appeal lawyer of a man convicted of the offence after admitting he had planned to share crack cocaine with a friend. ... [read more]

Monday, May 06, 2019 @ 9:09 AM

SENTENCING - Sexual interference - Sexual assault - Particular sanctions

Determination of which offence TQ should be sentenced for. TQ pleaded guilty to sexual interference and sexual assault. ... [read more]