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Thursday, April 18, 2019 @ 8:55 AM

Refreshing to see court call out ‘run-around’ of right to counsel in assault case: law prof Lisa Silver, University of Calgary faculty of law

The B.C. Court of Appeal has upheld a man’s sexual assault conviction despite finding a statement he made in the case was obtained in violation of his right to legal counsel. ... [read more]

Thursday, April 18, 2019 @ 8:42 AM

Quebec mom denied shared custody because of cannabis use

A mother addicted to marijuana was denied shared custody of her 3-year-old child after Quebec Superior Court held that her cannabis consumption compromised her parental skills. In a ruling widely expected by family lawyers to be among the first of many the courts will hand down following the legalization of cannabis, Justice Jérôme Frappier held that the mother’s cannabis addiction, coupled with her anxiety attacks, represented a “serious risk” ... [read more]

Wednesday, April 17, 2019 @ 12:27 PM

Lack of bencher rules on donations, campaign funding ‘shocking,’ candidate says Caryma Sa'd sm

The Law Society of Ontario (LSO) bencher election has inspired discussion on a variety of topics, from the importance of diversity in the profession and “compelled speech,” to the lack of representation of recent calls at Convocation. However, these debates have also highlighted the lack of rules governing donations, as some campaigns have called for financial contributions or have offered donations for votes. ... [read more]

Wednesday, April 17, 2019 @ 9:47 AM

Court orders changes to sex-offender registry laws regarding accused ruled not criminally responsible

Within a year, anyone who is found not criminally responsible on account of mental disorder (NCRMD) for a sexual offence and receives an absolute discharge may no longer be required to register under the federal and Ontario sex offender registries following an April 4 ruling by the Ontario Court of Appeal. ... [read more]

Tuesday, April 16, 2019 @ 10:54 AM

Online restitution payments welcomed in Nova Scotia Tilly_Pillay_sm

Nova Scotia hopes its pioneering move of allowing restitution payments to be paid online will help boost low rates of offenders handing over what is owed to crime victims. The online option, launched March 21 by the Nova Scotia Department of Justice’s court and victim services divisions, allows those ordered to pay restitution to do it anytime, from wherever there is the Internet. ... [read more]

Tuesday, April 16, 2019 @ 9:42 AM

LSO bencher candidates shed light on barriers faced by internationally trained lawyers Atrisha Lewis sm

Internationally trained lawyers face barriers to the profession that include systemic racism, biases based on “Canadian experience” and a difficult to access articling process, studies and lawyers say. However, this group of legal professionals continues to grow, making up 30 per cent of all applicants licensed in 2018. Candidates running in this month’s Law Society of Ontario (LSO) bencher election are paying attention and want to give them a voice at the table. ... [read more]

Monday, April 15, 2019 @ 4:52 PM

SCC’s Gascon to retire in September, opens door for Liberals to appoint third top court judge Clément Gascon

Prime Minister Justin Trudeau has an unexpected opportunity to appoint his third judge to the Supreme Court of Canada, following the surprise announcement that Justice Clément Gascon will retire in five months, after serving five years on the highest court. In a statement April 15, Supreme Court of Canada Chief Justice Richard Wagner praised his 58-year-old friend and colleague, who retires Sept. 15 for what the court described as “personal and family reasons.” ... [read more]

Monday, April 15, 2019 @ 12:33 PM

Looming Nova Scotia organ donor law raises concerns of donors by default system Cara Zwibel

The Canadian Civil Liberties Association (CCLA) is taking a cautious, wait-and-see approach to Nova Scotia’s impending laws around presumed consent for organ donation, saying the suitability of such legislation hinges on public awareness and the ease of opting out. ... [read more]

Monday, April 15, 2019 @ 9:36 AM

Sustainable funding for Pro Bono issue for LSO election as legal aid faces possible cuts Gina Papageoriou sm

Access to justice has been called the biggest issue facing the legal profession by Ontario lawyers and the “crisis” has been brought to the fore as the provincial government’s budget proposes to cut funding to Legal Aid Ontario by over 30 per cent. ... [read more]

Friday, April 12, 2019 @ 5:47 PM

SCC clarifies scope of courts’ supervisory jurisdiction over residential schools agreement Suzanne Côté

In a ruling on the scope of courts’ supervisory jurisdiction over class action settlements, the Supreme Court of Canada has 5-2 allowed the appeal of a Manitoba residential school survivor whose sexual abuse claim under the Indian Residential Schools Settlement Agreement (IRSSA) had been dismissed by adjudicators under the Independent Assessment Process (IAP). ... [read more]