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Monday, May 06, 2019 @ 9:02 AM

Cannabis Control Act: Protecting commercial landlords cannabis_dispensary_sm

With the legalization of recreational cannabis, there has been a flurry of activity relating to the enforcement of non-licensed or illegal cannabis storefronts or “dispensaries.” The enforcement is being effected under the authority of the Cannabis Control Act, 2017, S.O. 2017, c. 26, Sched. 1 (CCA), with municipalities as the enforcer(s) using delegated authority from the province of Ontario. ... [read more]

Monday, May 06, 2019 @ 8:36 AM

Access to justice without access to funding: legal aid cuts | Kelly Goldthorpe

“If they actually looked into it, there is more money being spent on lawyer fees and less cases. The people that actually need the system to help them, they aren’t getting the proper support. We have to hold these people accountable. When there’s more money to the lawyers and less money to the people, I’ve got an issue with it.” — Ontario Premier Doug Ford, April 22, 2019. ... [read more]

Friday, May 03, 2019 @ 12:39 PM

Migrant workers fight back through courts, law reform advocacy silhouettefarmer_jpg

Migrant workers Maila Ceguerra, Lourdes dela Pena, Jesse Veneranda and Marisol Bobadilla have filed an Ontario small claims court action against recruitment agency Link4Staff Inc and their former employer Sharon Mushroom Farm. In addition to this civil action, Laxman Marsonia, the farm owner, faces human trafficking and misrepresentation-related charges under the Immigration and Refugee Protection Act. ... [read more]

Friday, May 03, 2019 @ 11:44 AM

Ottawa to restore victim surcharge, but judges could waive for ‘undue hardship’ or disproportionality David Lametti

The Trudeau government plans to restore the victim surcharge the Supreme Court of Canada struck down five months ago — but sentencing judges will be given a new discretion to waive it when imposing the surcharge “would be disproportionate to the gravity of the offence and the degree of responsibility of the offender” or when imposing it would cause the offender “undue hardship,” The Lawyer’s Daily has learned. ... [read more]

Friday, May 03, 2019 @ 9:56 AM

Rethinking corporate criminal liability | Barry Leon

Since the SNC-Lavalin deferred prosecution agreement issue surfaced in the media, along with the assertions that prosecuting the company could harm Canada’s economy, I have been wondering whether our approach to corporate criminal liability should be reconsidered. ... [read more]

Friday, May 03, 2019 @ 8:42 AM

SEX OFFENDER REGISTRY

Appeal by G from the dismissal of his application for a declaration that those provisions of Christopher’s Law and the Sex Offender Information Registration Act that applied to persons found not criminally responsible due to mental disorder (NCRMD) and who had received an absolute discharge from the Review Board breached ss. 7 and 15 of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Wednesday, May 01, 2019 @ 11:14 AM

Lametti open to ‘good ideas’ from Senate to improve crime, divorce bills, but won’t change MMPs Exclusive

Justice Minister David Lametti tells The Lawyer’s Daily he is open to “good ideas” from the Senate in the coming weeks to improve his government’s divorce (C-78) and criminal procedure (C-75) bills — major reforms he’s determined to get over the legislative finish line before Parliament’s summer break and a fall election. ... [read more]

Wednesday, May 01, 2019 @ 9:36 AM

Yukon court strikes down mandatory minimum sentence in sexual exploitation case

A man who was convicted of sexual exploitation has had his sentence upheld by the Yukon Court of Appeal, despite the court finding the mandatory minimum sentence associated with the offence to be unconstitutional. The appellant, identified only as E.O. due to a publication ban, was convicted of the sexual touching of a dependent person by a person in trust or authority under s. 153(1) of the Criminal Code ... [read more]

Wednesday, May 01, 2019 @ 8:15 AM

EVIDENCE - Hearsay rule - Exceptions - Dying declarations

Appeal by Nurse and Plummer from their convictions, by jury, of first degree murder. ... [read more]

Tuesday, April 30, 2019 @ 12:43 PM

Ontario still must do more to boost Indigenous representation on juries, scholars say Nicole_O'Byrne_sm

Ontario’s bid to expand the scope of potential jurors in the province is a step toward greater diversity in jury boxes, but additional changes are needed to boost the inclusion of Indigenous people, legal minds say. ... [read more]