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Monday, March 05, 2018 @ 9:06 AM

Achieving third party settlements when criminal charges are involved dad_handcuffs_sm

Many family law cases have parallel criminal proceedings. These proceedings may arise from events related to the family law case (domestic assaults, harassment, breach of court orders, etc.) or be totally unrelated. As a result of the adoption of a “zero tolerance” approach by the criminal justice system to allegations of domestic abuse, increasing numbers of family law cases involve criminal charges against one or both of the spouses. ... [read more]

Monday, March 05, 2018 @ 8:52 AM

CRIMINAL CODE OFFENCES - Assaults - Sexual assault causing bodily harm - Consent

Appeal by the accused from convictions for sexual assault causing bodily harm. ... [read more]

Monday, March 05, 2018 @ 8:43 AM

Conditional sentences and restorative justice | Robert Karrass

Sentencing is not about doling out the harshest penalty available. Rather, once an offender has been convicted, the court must engage in a judicial weighing of the principles of sentencing and apply those principles to the circumstances of the offender in light of the impact the crime has had on the victim and society as a whole (while also considering how other courts have treated similar offences in similar circumstances). The result should be the most appropriate sentence in the circumstances. ... [read more]

Monday, March 05, 2018 @ 8:25 AM

Report recommends complete overhaul of victims’ services in Alberta Lisa Silver, University of Calgary Faculty of Law

Alberta is pledging to change its policies toward victims of crime in light of a critical report that looked into the treatment of a homeless Indigenous woman. ... [read more]

Thursday, March 01, 2018 @ 1:17 PM

Legal profession overdue for #MeToo movement to end ‘inappropriate’ conduct by judges, lawyers: litigator Angela Chaisson

The legal profession needs to mobilize against sexual remarks and other “inappropriate” workplace conduct by judges and senior lawyers who exploit the vulnerability of junior lawyers and law students, says a feminist lawyer who fights to advance the rights of women and LGBTQ people. ... [read more]

Thursday, March 01, 2018 @ 8:35 AM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Right to retain and instruct counsel without delay

Appeal by the accused, Duerksen, from a voir dire ruling concluding no violation of his right to counsel occurred. ... [read more]

Tuesday, February 27, 2018 @ 6:01 PM

Budget 2018 provides millions in new justice funding, expanded Unified Family Courts Liz Majic

The federal budget proposed for the coming fiscal year includes millions in new legal aid funding for sexual harassment and immigration and refugee law cases, support for 46 new federal judgeships — including 39 to expand the Unified Family Courts (UFC) in four provinces — and money to boost staff and services at the Canadian Judicial Council and at the registries of the Federal, Tax and Supreme Courts. ... [read more]

Tuesday, February 27, 2018 @ 1:42 PM

Acquittal of alleged mobsters due to improper wiretap a lesson for police

Two alleged Montreal Mafia leaders were acquitted of gangsterism and drug trafficking charges after the Quebec Superior Court excluded wiretap evidence gathered by a joint police task force because they failed to put in place sufficient measures to prevent the interception of conversations between lawyers and clients. ... [read more]

Tuesday, February 27, 2018 @ 9:25 AM

N.S. appeal will give guidance for future HIV non-disclosure cases, lawyers say Cecile_Kazatchkine_sm

The acquittal of an HIV-positive man in an East Coast non-disclosure case will further guide Canada’s legal community in its response to new science around risk of transmission, experts say. ... [read more]

Tuesday, February 27, 2018 @ 6:49 AM

POWERS OF SEARCH AND SEIZURE - Search warrants - Validity

Appeals by the accused, Ishmael and Elijah Lowe, from convictions for drug-related offences. ... [read more]