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Monday, June 04, 2018 @ 8:17 AM

Emojis and emoticons: New tools for harassment or innocent silly faces? emoji.jpg

From verbal disagreements to physical altercations to the use of social media, both child and adult bullying has evolved over the past five decades. No longer do individuals have to gain strength physically or mentally to berate or threaten another person. Incivility and criminal activity can now be conducted with a click of a button or a creation of a website or Facebook page. ... [read more]

Friday, June 01, 2018 @ 12:49 PM

REGULATION OF PROFESSION - Law societies and governing bodies - Disciplinary procedure - What constitutes misconduct

Appeal by Groia from a judgment of the Ontario Court of Appeal affirming a decision of the Divisional Court, which affirmed a decision of the Law Society Appeal Panel (Appeal Panel) affirming in part a decision of the Law Society Hearing Panel (Hearing Panel). ... [read more]

Friday, June 01, 2018 @ 10:07 AM - Last Updated: Friday, June 01, 2018 @ 3:56 PM

SCC rules Groia not guilty, sets standard for when lawyers’ incivility in court becomes professional misconduct Justice Michael Moldaver

The Supreme Court of Canada has overturned the Law Society of Ontario’s (LSO) controversial professional misconduct conviction of Toronto securities litigator Joe Groia in a much-anticipated ruling which clarifies the approach and standard for determining when lawyers’ uncivil courtroom conduct crosses over into professional misconduct. ... [read more]

Friday, June 01, 2018 @ 8:31 AM

Following the money: Decision illustrates CRA’s determination follow_money_sm

Taxpayers should comply with all appropriate audit requests by the Canada Revenue Agency (CRA). Its auditors have extensive powers under the Income Tax Act. Generally speaking, unless information or documents are protected by privilege or beyond the scope of the audit request, everything an auditor requests must be provided. Otherwise, the CRA will relentlessly deploy progressively forceful tools, including requirements and compliance orders, culminating in fines and imprisonment for deliberate and wilful contempt. ... [read more]

Thursday, May 31, 2018 @ 1:38 PM

To lend a car or not to lend a car, that is the question 2carcrash_sm.jpg

How often have you lent your car to a family member, friend or colleague without giving it a second thought? Perhaps it’s time you reconsidered. ... [read more]

Wednesday, May 30, 2018 @ 11:12 AM

The multifaceted legal implications of revenge porn monsteroutfofpc

Taking and sharing intimate images using smartphones and direct messaging applications has become a normalized part of romantic relationships; however, with the rise of technology-facilitated intimacy, the scope for abusive, controlling and vengeful behaviour has widened. ... [read more]

Wednesday, May 30, 2018 @ 8:46 AM

Habeas corpus and the immigration detention of non-citizens immigration_detention_sm

Immigration detentions of non-citizens must only be for an immigration-related purpose. Undoubtedly, a detention is never pleasant. However, it is not the detention itself, or even its length, that is objectionable, but its unlawfulness. Often non-citizens are being detained on a faulty factual premise, inadvertent errors or criminal charges without a conviction. Once detained, it is difficult to secure a release and the detention can span years. ... [read more]

Wednesday, May 30, 2018 @ 8:39 AM

Legal fight over needle exchanges in prisons would come down to managing risk, labour lawyer says Jason_Godin_sm

How Canada’s government reduces risk will be key should jail guards start a legal fight over needle exchange programs in federal prisons, says a lawyer. ... [read more]

Tuesday, May 29, 2018 @ 12:04 PM

Manitoba Criminal Code Review Board gets new members

The Manitoba Criminal Code Review Board (CCRB) has a new chair and three new members of the board. ... [read more]

Tuesday, May 29, 2018 @ 10:54 AM - Last Updated: Tuesday, May 29, 2018 @ 3:09 PM

JAG failed to provide ‘effective oversight’ of justice system marred by trial delays, lack of performance standards Michael Ferguson

The Canadian Armed Forces (CAF) has agreed to an overdue retooling of its underperforming military justice system following a scathing audit by the Auditor General of Canada which slams the Office of the Judge Advocate General (JAG) for not providing “effective oversight” of the CAF’s comparatively well-resourced justice system that is marred by trial delays, inefficiency, lack of performance measures, insufficient supports for the independence of the top military prosecutor and top defence counsel, and a failure by the JAG to fix long-identified problems and figure out ways to improve the sluggish system. ... [read more]