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Friday, January 04, 2019 @ 10:23 AM

Court provides clarity in disclosure obligation, certiorari relief in speeding ticket case Chris Bendick sm

A “mundane” charge for speeding has worked its way up to the Ontario Court of Appeal, where the province’s top court ruled that excerpts from speed measuring device manuals that contain testing and operating procedures are subject to first party disclosure obligations. ... [read more]

Wednesday, January 02, 2019 @ 2:11 PM

When it comes to evidence, zero plus zero equals zero evidencetape_Sm.jpg

Every lawyer in Canada has heard William Blackstone’s ratio: better that 10 guilty persons escape than that one innocent suffers. Many lawyers may be less familiar with Justice Renee Pomerance’s ratio in R v. Wuschenny 2018 ONSC 6765. An important equation is embedded within her honour’s reasons for decision: “[z]ero plus zero equals zero.” Judges, Crown counsel and criminal defence counsel ought to become equally familiar with Justice Pomerance’s ratio. ... [read more]

Wednesday, January 02, 2019 @ 11:55 AM

James Lockyer to receive Order of Canada

James Lockyer will be awarded the Order of Canada for his long-standing commitment to social justice as a criminal lawyer and as a champion of civil liberties and human rights. ... [read more]

Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Wednesday, January 02, 2019 @ 8:26 AM

EVIDENCE - Hearsay rule - Exceptions - Necessary and reliable evidence

Appeal by the accused, Hall, from a conviction for first degree murder and attempting to cause bodily harm. ... [read more]

Wednesday, January 02, 2019 @ 8:24 AM

APPEALS - Grounds - Misapprehension of or failure to consider evidence

Appeal by the accused, Dejaeger, from a conviction on 24 counts of sexual offences. ... [read more]

Friday, December 21, 2018 @ 4:11 PM

Judge’s political lobbying, advocacy on behalf of black Canadians crossed line, but wasn’t ‘misconduct’ Mark Sandler

The Ontario Judicial Council (OJC) has ruled that a judge who founded an advocacy group for black Canadians, and lobbied politicians with the “highly laudable” aim of helping his community overcome racism and poverty, engaged in a form of impermissible “advocacy and political activity” — but his actions did not amount to “judicial misconduct” that could merit his removal from the bench. ... [read more]

Friday, December 21, 2018 @ 3:17 PM

Community action needed to influence change with Thunder Bay police, lawyers say Laurelly Dale sm

Recommendations made in two reports to address the "systemic racism” that has negatively impacted police investigations in Thunder Bay are “important” and a “move in the right direction,” criminal defence lawyers say, but action needs to be taken on all sides of the community if trust and healing are going to take place. ... [read more]

Friday, December 21, 2018 @ 11:08 AM

Happy the unhappy elephant’s rumble for freedom Black elephant

A corporation is a person. If a corporation is a person, why can’t a living, breathing, sentient elephant also be a person? A legal person need not be a human being. Last year in New Zealand, a river was declared to be a person. ... [read more]

Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]