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Wednesday, November 06, 2019 @ 9:00 AM

Quebec Appeal Court provides guidance on constructive first-degree murder Julien Grégoire

A former Canadian Armed Forces soldier found guilty of constructive first-degree murder who argued that the verdict was unreasonable and that the trial judge erred by dismissing his motion for a directed verdict of acquittal lost his case before the Quebec Court of Appeal. ... [read more]

Wednesday, November 06, 2019 @ 6:23 AM

PROCEDURE - Trial judge’s duties - Charge or directions

Appeal by SK, a young person, from conviction for first degree murder under ss. 229(c) and 231(4)(a) of the Criminal Code. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]

Tuesday, November 05, 2019 @ 12:45 PM

Breakthrough Innovation: New models for practice of law | Kurt Sandstrom

With the exception of technology, the basic model of the practice of law has not changed in any drastic way over the last 30 years, likely longer. While there are pockets of innovation, for the most part, a client usually seeks out a legal professional according to a set number of already established “problem areas” in which lawyers advertise their assistance: wills, estates, personal injury, family law, etc. However, it is very clear from statistics that the vast majority of people’s legal problems cannot be served through this model.  ... [read more]

Tuesday, November 05, 2019 @ 11:18 AM

Ontario Appeal Court upholds lengthy prison sentence for ‘serial recidivist of driving offences’ Nicholas Charitsis

In a tight, eight-page ruling, the Ontario Court of Appeal has tersely tossed out a challenge by a “serious serial recidivist of driving offences” to reduce a 10-year sentence he received after being convicted last year of criminal negligence causing bodily harm and failing to stop at the scene of an accident knowing that, along with possessing a counterfeit mark (fake driver’s licence) and operating a motor vehicle while disqualified. ... [read more]

Tuesday, November 05, 2019 @ 11:07 AM

Textalyzer offers police new tool in distracted driving cases cellphone.jpg

People like binary evidence. They like knowing that something is either true or false. They like setting objective tests. This is reasonable because we all want to know on what standard we will be judged. This is why per se limits for drugs and alcohol are so tempting as it injects a feeling of a scientific method into something that may not have an exact number value to it, especially with drugs, namely impairment. ... [read more]

Monday, November 04, 2019 @ 2:53 PM

Sharper teeth for Ontario animal bill BubbaTheHappyDog.jpg

After 100 plus years of enforcing the Prevention of Cruelty to Animals Act, the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) declared it would stop providing cruelty enforcement services at the end of June 2019, so in the meanwhile, the Ontario government passed the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) Amendment Act (Interim Period), 2019. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 9:04 AM

CONSTITUTIONAL ISSUES - Legal rights - Protection against cruel and unusual punishment

Application by offenders for a declaration that the mandatory five-year minimum sentence in s. 279.11 of the Criminal Code violated ss. 7 and 12 of the Charter. ... [read more]

Friday, November 01, 2019 @ 12:48 PM

Inadmissible evidence, improper submission to jury results in new trial for woman convicted of murder

The issue of trial fairness underscores a recent New Brunswick Court of Appeal decision that overturned a first-degree murder conviction in the 2015 death of an 18-year-old man. In Shephard v. R. 2019 NBCA 76, which was released on Oct. 24, the province’s high court held that “the trial judge committed various errors of law in his charge to the jury and in allowing the jury to hear and consider inadmissible and highly prejudicial evidence.” ... [read more]