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Monday, October 29, 2018 @ 11:36 AM

Closing loopholes to help end harm to animals Dogcatrabbit_sm.jpg

Bestiality. It’s decidedly one of the most heinous topics to teach to my animal law students at University of British Columbia and whenever I present on animal law to members of the public. Most people would assume that harming an animal by forcing him or her to be sexually exploited would, in all its disgusting forms, be barred by law in Canada, but sadly, they would be mistaken. ... [read more]

Friday, October 26, 2018 @ 5:53 PM

SCC rules Crown not obliged to routinely disclose breathalyzer maintenance records to the defence Roe

In a far-reaching 8-1 decision, the Supreme Court of Canada has ruled that breathalyzer maintenance records are third-party (not first-party) records and therefore the Alberta Crown didn’t have to disclose them to people charged with drinking and driving, unless the accused convinced a court that the records were “likely relevant” to their defence. ... [read more]

Friday, October 26, 2018 @ 2:47 PM

EXTRAORDINARY REMEDIES - Certiorari

Appeal from a judgment of the Québec Court of Appeal setting aside a decision of the Superior Court which allowed an application for certiorari against a Court of Québec decision. ... [read more]

Friday, October 26, 2018 @ 1:46 PM

RIGHTS OF ACCUSED - To disclosure

Appeals by Gubbins and Vallentgoed from a judgment of the Alberta Court of Appeal setting aside a decision which affirmed the stay of proceedings in Gubbins’ case and ordered a new trial for Vallentgoed. ... [read more]

Friday, October 26, 2018 @ 1:33 PM

Justice through Indigenous community courts handcuffbreaking_jpg

For decades the failure of the Canadian justice system to provide fair processes for Indigenous Canadians has been the subject of papers, policy recommendations, reports and news articles. The self-governance and self-determination of First Nations has yet to be reinstated since the passage of the 1876 Indian Act. ... [read more]

Friday, October 26, 2018 @ 9:42 AM

Licence to kill: Why addiction treatment system doesn’t work | Ryan Handlarski

Methadone is most commonly administered by a pill. I agree that a prescription for methadone must be made by a doctor and prescriptions controlled by a pharmacist, but the administration of the methadone pill could be opened up to anyone that wants to apply to and learn how to do it and can demonstrate that they are capable of doing it in a safe environment. There is no reason why you need to be a doctor or a nurse to do this. ... [read more]

Thursday, October 25, 2018 @ 12:00 PM

Top judge warns of ‘worrying trend’ of incivility on bench, urges judges to lead by example, avoid personalized attacks Richard Wagner

Canada’s top judge is warning that the Canadian judiciary is not immune from the “excesses and loss of control” that too often infect public discourse, and which are also reflected in some vitriolic judicial opinions emanating from south of the border. ... [read more]

Thursday, October 25, 2018 @ 8:45 AM

SENTENCING - Child pornography - Sentencing precedents or starting point

Application by the offender, found guilty of making and possessing written child pornography, for a declaration the operative mandatory minimum sentences were unconstitutional. ... [read more]

Thursday, October 25, 2018 @ 8:43 AM

CRIMINAL CODE OFFENCES - Child pornography

Appeal by the accused, John, from a conviction and sentence for possession of child pornography. ... [read more]

Wednesday, October 24, 2018 @ 1:05 PM

The problem with police records and street checks fingerprintmicroscope

In 2013, George Knia Singh, then a law student at Osgoode Hall Law School, filed a freedom of information request for any records Toronto police might have about him. He received 57 pages of documentation detailing his many encounters with Toronto officers. But Singh has never been criminally charged, let alone convicted. When Singh was denied a ride-along request with Toronto police officers — part of his criminal law class — because of his police record, he knew something needed to change. ... [read more]