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Friday, July 20, 2018 @ 1:56 PM

SCC reiterates that ‘innocence at stake’ remains sole exception to informer privilege Justice Rosalie Abella

The Supreme Court has reiterated 9-0 that informer privilege can only be pierced in criminal cases when an accused convinces a court via a “McClure” application that his or her innocence is at stake. On July 20, the top court declined the invitation of intervener defence bar groups and legal regulators across the country to dilute the near-absolute common law protection accorded to informer privilege — which can be pierced only when an accused’s innocence is shown to be at stake: R. v. Brassington 2018 SCC 37. ... [read more]

Friday, July 20, 2018 @ 1:18 PM

EVIDENCE - Privilege - Informants - Privileged relationships - Solicitor and client

Appeals by the Crown from judgments of the British Columbia Court of Appeal and the British Columbia Supreme Court permitting disclosure by Brassington and the other accused of informer-privileged information and declaring that they were permitted to provide information about confidential informers to their legal counsel. ... [read more]

Friday, July 20, 2018 @ 8:00 AM

DEFENCES - Entrapment

Appeal by the accused, Ahmad, from a conviction and sentence for drug-related offences. Appeal by the Crown from a stay of proceedings against the accused, Williams, in respect of drug-related offences. ... [read more]

Thursday, July 19, 2018 @ 8:49 AM

Canada’s new impaired driving laws tougher on immigrants impaired_driving_sm

Canada’s Bill-C46, which increases Criminal Code sentencing provisions for impaired driving, received final stage approval on June 21, 2018. Although the purpose of the bill is to strengthen the legislative penalties for impaired driving, there will be significant unintended immigration consequences for both foreign nationals and permanent residents of Canada with past and future convictions, both domestically and internationally. ... [read more]

Wednesday, July 18, 2018 @ 11:47 AM

Development of character, plot and style will make better lawyers, says author William_Bernhardt_sm

Lawyer like a thriller writer. There are lots of authors within that genre of popular fiction from whom to learn and take cues: Robert Crais, Stephen Hunter, Michael Connelly, Lee Child and Canada’s own Linwood Barclay, for example. And William Bernhardt. Bernhardt, the U.S.-based lawyer turned New York Times bestselling author, has long formed common threads between the fact-driven, buttoned-down practice of law and the freewheeling fancy of fiction writing. ... [read more]

Wednesday, July 18, 2018 @ 11:10 AM

SENTENCING - Offences against person and reputation - Leniency

Appeal by the Crown from sentences imposed on the offenders, Dragani and Bakhtyari, for offences related to a home invasion. ... [read more]

Wednesday, July 18, 2018 @ 9:41 AM

Access issues abound with new Nova Scotia cybersafety laws, says expert Wayne_MacKay_sm

A Nova Scotia legal scholar is echoing concerns about that province’s newest cybersafety legislation, citing access to justice challenges victims could face when attempting to have intimate images removed from the Internet. Professor Wayne MacKay, of Dalhousie University’s Schulich School of Law in Halifax, says that while there are positive points to Nova Scotia’s just-passed Intimate Images and Cyber-Protection Act, there are issues when it comes to victims accessing the courts and, in some cases, their possible “re-victimization” should they get that far. ... [read more]

Tuesday, July 17, 2018 @ 9:05 AM

More legal headaches over Step 6 of Garofoli twoguys

Step 6 of R. v. Garofoli [1990] 2 S.C.R. 1421 is a controversial application where there is a need to strike a balance between the conflicting interests of law enforcement and informer privilege while adhering to the principle of fundamental justice in ensuring the accused’s right to full answer and defence which will inevitably result in a challenge less direct than it otherwise could be. ... [read more]

Tuesday, July 17, 2018 @ 8:49 AM

The law of abortion access: What Ireland can teach Canada | Jennifer Taylor

On May 25, 2018, Ireland voted by referendum to repeal the eighth amendment of the Irish Constitution, which had prohibited abortion in the country Referenda are not foreign to Canadians by any stretch, but the Irish notion of putting individual rights and freedoms to a popular vote might seem antithetical here, in light of the Charter. As Justice Rowe recently asked in Law Society of British Columbia v. Trinity Western University 2018 SCC 32, “Is not one of the purposes of the Charter to protect against the tyranny of the majority?” ... [read more]

Monday, July 16, 2018 @ 1:21 PM

N.S. court rules stress from workplace investigation not eligible for workers’ compensation claim

Clarifying when workers’ compensation does not cover post-traumatic stress was the focus of a failed appeal by a Maritime police officer claiming harm from being criticized for the death of a woman in custody. The Nova Scotia Court of Appeal, in the July 6 decision of Henderson v. Nova Scotia (Workers’ Compensation Appeals Tribunal) 2018 NSCA 59, upheld a tribunal’s denial of a claim by Truro Police Service supervisor Sterling Lee Henderson, who was in command when an intoxicated Victoria Rose Paul suffered a fatal stroke while in lockup. ... [read more]