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Friday, June 03, 2022 @ 9:11 AM

Ottawa proposes new disability benefit; regulations will establish offences, penalties for fraud Carla Qualtrough

The federal government has reintroduced a bill to create a new monthly “Canada Disability Benefit” for working-age people with disabilities. ... [read more]

Friday, June 03, 2022 @ 9:01 AM

RH Criminal Defence adds senior counsel, associate

RH Criminal Defence announced that Steven Sturka has joined the firm as senior counsel and Trevor Lau has been hired as an associate. ... [read more]

Thursday, June 02, 2022 @ 3:13 PM

Former B.C. mining company director fined $10,000, suspended from market activities

A former mining executive has been fined $10,000 and suspended from market activities for his role in distributing a misleading news release and material change report. ... [read more]

Thursday, June 02, 2022 @ 2:43 PM

No specific caution: A review of R. v. Clark Mannequin with blacked out eyes

Much has been said about the reliability, or lack there of, of eyewitness identification. In a U.S. study examining 356 wrongful convictions, approximately 70 per cent were due to erroneous eyewitness identification. Canadian case law has referred to eyewitness identification as “notoriously unreliable” and has stated that the reliability of such evidence must be established R. v. Baker [2017] N.J. No. 174.  ... [read more]

Thursday, June 02, 2022 @ 2:41 PM

‘Apprehension of bias’ key takeaway as new trial ordered after judge, Crown met for drinks: CLA VP Cassandra DeMelo, vice president of the Criminal Lawyers' Association

In a decision released June 1, the Ontario Court of Appeal ordered a new trial for a man convicted of second degree murder, determining there was a reasonable apprehension of bias relating to the friendship between the Crown and the trial judge resulting in “a miscarriage of justice.” ... [read more]

Thursday, June 02, 2022 @ 11:45 AM - Last Updated: Thursday, June 02, 2022 @ 12:14 PM

Watchdog calls out feds’ persistent failure to end ‘racist’ treatment of BIPOC prison inmates Karen Hogan

Systemic racism still harms Indigenous and Black inmates from when they first arrive to when they finally leave federal prisons, says Canada’s auditor general, who tells the Liberal government it’s time for “actions to catch up with all the words” federal officials spout about fixing well-documented and long-standing flaws in prison policies and procedures that continue to seriously disadvantage Black, Indigenous and people of colour (BIPOC) inmates. ... [read more]

Thursday, June 02, 2022 @ 10:29 AM - Last Updated: Friday, June 03, 2022 @ 9:26 AM

FOLA has ‘serious concerns’ about Metrolinx construction at Osgoode Hall, impact on courts Douglas Judson, FOLA chair

The Federation of Ontario Law Associations (FOLA), has “serious concerns” about the proposed Metrolinx development that will impact the grounds of Osgoode Hall in Toronto. FOLA stressed that heavy construction would disrupt “users of Osgoode Hall, including the Court of Appeal for Ontario, the Superior Court of Justice, the Law Society of Ontario, and the Great Library,” which are “central to the function of the Ontario court system and the legal profession itself.” ... [read more]

Thursday, June 02, 2022 @ 5:57 AM

APPEAL – Grounds – Miscarriage of justice

Appeal by IW from his conviction for three sexual offences. IW argued that the trial judge erred by failing to provide a “no probative value” instruction to the jury after the complainant’s outbursts, by permitting the Crown to lead a prior consistent statement, and in not instructing the jury on its limited use, and by failing to adequately correct the Crown’s misstatement of the facts relating to the timing of the alleged assaults. ... [read more]

Wednesday, June 01, 2022 @ 11:24 AM

Ending penalties for people carrying small amounts of drugs in B.C. will reduce stigma: Bennett Federal Minister of Mental Health and Addictions Carolyn Bennett

Ottawa has granted a request by the government of British Columbia to remove criminal penalties for people who possess a small amount of illegal drugs for personal use, but the move is getting a mixed response from some policymakers who say it will lead to an increase in crime and doesn’t do enough to help people who have suffered in other parts of the country. ... [read more]

Wednesday, June 01, 2022 @ 9:12 AM

Equal protection under the law: Abortion, mandatory organ donation Hands holding kidneys

Adults realize that childbirth and pregnancy impose significant medical and physical hardships on pregnant women. Yet the U.S. anti-abortion lobby states that because they feel that a human life is at stake, this means that imposing these physical hardships on a woman is the correct moral and legal choice. First, it should be noted that this pits the known human rights of a fully developed woman against the far more dubious rights of an embryo or fetus. ... [read more]