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Wednesday, October 24, 2018 @ 12:01 PM

Manitoba wrong to ban all cannabis from courthouses: lawyer Abby_Deshman_sm

Manitoba is being discriminatory in its “blanket” ban of all cannabis in its courthouses, says a lawyer with the Canadian Civil Liberties Association (CCLA). Abby Deshman, director of the CCLA’s criminal justice program, takes particular issue with the part of Manitoba’s court policy that bans medical marijuana along with the recreational kind, which was legalized nationally on Oct. 17. ... [read more]

Wednesday, October 24, 2018 @ 10:50 AM

Donald Trump is teaching our kids to be cyberbullies | Jasmine Daya

“Mommy, is Donald Trump a mean man?” asked my 6-year-old daughter at the dinner table. My husband and I looked at each other and smiled. My other two children, ages 8 and 12, giggled at the question, likely knowing what I wanted to say, but also didn’t want to say. ... [read more]

Wednesday, October 24, 2018 @ 9:27 AM

Justice Côté goes own way in almost 40% of cases but her SCC admin law dissents push the court TLD Exclusive

When the Supreme Court zigs, this judge zags. As she closes in on her fourth anniversary at the top court Dec. 1, Justice Suzanne Côté, a former star civil litigator from Montreal, is staking her claim to the “great dissenter” mantle worn most recently by several of her predecessors from Quebec, Marie Deschamps, Morris Fish and Claire L’Heureux-Dubé. ... [read more]

Tuesday, October 23, 2018 @ 12:05 PM

Access to justice must start during first contact with police youngmaninjail.jpg

For better or worse, I often view the world through the lens of my criminal clients. The majority of my clients at my office in northwestern Ontario are Aboriginal. Most have not had a fair shake at life. Access to justice does not start by providing them with a lawyer at their first appearance. Access to justice is critical well before they reach court: at detention, arrest and charge. ... [read more]

Tuesday, October 23, 2018 @ 8:45 AM

PROCEDURE - Trial judge's duties - Where accused unrepresented

Appeal by the accused, Hahn, from a conviction for criminal harassment. ... [read more]

Tuesday, October 23, 2018 @ 8:43 AM

CUSTOMS AND EXCISE - Customs - Search and seizure

Appeal by Bialski and Szefer from the dismissal of their appeal from convictions for making false or deceptive statements to a Canada Border Services officer. ... [read more]

Monday, October 22, 2018 @ 1:49 PM

Access to justice: New models for legal services | Marcus Sixta

There is a crisis in our court system. Legal representation is beyond the reach of many Canadians, especially in the family law courts. ... [read more]

Monday, October 22, 2018 @ 9:26 AM

McGill study of young, high drivers doesn’t address problems with roadside cannabis limits, lawyers say Michael_Engel_sm

Defence lawyers are questioning the merits of a recent study finding “significant impairment” among young drivers after inhaling marijuana, saying it fails to address issues with the “per se” legal limits. This is how some are reacting to a study out of Montreal’s McGill University, which found young drivers to be at a higher risk of auto collision up to five hours after being given a 100 mg dose of cannabis through a vaporizer. ... [read more]

Monday, October 22, 2018 @ 8:44 AM

CONSTITUTIONAL ISSUES - Protection against unreasonable search and seizure

Appeal by the accused, Loewen, from a conviction for possession of cocaine and possession of MDMA for the purpose of trafficking. ... [read more]

Friday, October 19, 2018 @ 5:39 PM

SCC decides breathalyzer and sex assault appeals from the bench Richard Wagner

The Supreme Court of Canada has rendered noteworthy judgments from the bench in separate impaired driving and sexual assault appeals that both attracted interveners. On Oct. 15, Chief Justice Richard Wagner allowed, 8-1 from the bench, with reasons to follow, the Quebec Crown’s appeal from an important decision of the Quebec Court of Appeal last year. ... [read more]