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Tuesday, July 09, 2019 @ 12:36 PM

Ontario court holds that consensual sex vitiated by fraud is sexual assault

Having unprotected sex when consent for sexual activity is negated by fraud amounts to sexual assault, according to a recent ruling by the Ontario Superior Court of Justice. In R. v. Rivera 2019 ONSC 3918, Justice Nathalie Champagne concluded that Anibal Rivera led the complainant, identified as C.M., to believe that he would wear a condom “as he had previously agreed … and at the last minute … penetrated her without a condom telling her it would be OK,” she wrote in her three-page ruling ... [read more]

Tuesday, July 09, 2019 @ 9:26 AM

Halfway through 2019, SCC more divided than ever as nine judges fracture in 82 per cent of cases The Lawyer's Daily exclusive

The Supreme Court of Canada is dividing more on the outcomes and reasons of appeals than ever in recent memory, with a record low 18 per cent unanimity rate so far in 2019, an analysis by The Lawyer’s Daily discloses. As of the Supreme Court’s latest decision on July 5, this year the top court has divided on the results of the cases, and/or on the judges’ reasons (via concurring opinions) in 18 of 22 judgments. ... [read more]

Monday, July 08, 2019 @ 11:41 AM

Creators of novel Gladue database hope it becomes widely used after free access Melanie_Hodges_Neufeld_sm

A database for researching Gladue principles in Saskatchewan is now free and open to all, and those behind the first-of-its-kind initiative are hoping such a thing will catch on in other jurisdictions. ... [read more]

Monday, July 08, 2019 @ 8:35 AM

Judge relied on ‘assumptions’ of complainant behaviour in sexual assault case, court rules Colleen McKeown sm

The Ontario Court of Appeal has ordered a new trial in a sexual assault case involving a male dancer and a customer as the trial judge’s conclusion was based “almost entirely” on assumptions about what a “young woman would do in this context.” ... [read more]

Friday, July 05, 2019 @ 3:01 PM - Last Updated: Friday, July 05, 2019 @ 3:51 PM

SCC rules Criminal Code’s bail rules enable courts to compel peace bond defendants to appear Malcolm Rowe

The Supreme Court of Canada has ruled unanimously that the Criminal Code’s bail provisions — and by necessary implication the power to arrest — are applicable, “with necessary modifications,” to defendants facing peace bond applications. ... [read more]

Friday, July 05, 2019 @ 12:53 PM - Last Updated: Friday, July 05, 2019 @ 2:04 PM

Give privacy officials power to release information: Saskatchewan commish Ron_Kruzeniski_sm

It is just a matter of time until all of Canada’s appointed privacy watchdogs are given ordering powers and public bodies are forced into court to keep information secret. ... [read more]

Friday, July 05, 2019 @ 8:50 AM

Alberta Court of Appeal highlights ‘procedural errors’ in unlawful inmate transfer Jared Craig sm

The Alberta Court of Appeal ruled the involuntary transfer of an inmate to a maximum security prison, after he was implicated in a drug smuggling investigation, was “unlawful” due to procedural unfairness. ... [read more]

Thursday, July 04, 2019 @ 10:54 AM

Incoming OBA president will focus on innovation in profession, access to justice Colin Stevenson sm

“Innovation” is the theme for Colin Stevenson’s upcoming presidency at the Ontario Bar Association (OBA). The litigator noted that “society is changing rapidly” and lawyers need to “keep up.” ... [read more]

Thursday, July 04, 2019 @ 9:55 AM

Standards body issues anti-money laundering ‘guidance’ for lawyers as Ottawa, FLSC boost co-operation David Lametti and William Barr

Global pressure is mounting to enhance the legal profession’s anti-money laundering (AML) efforts, and Canadian lawyers are not immune, both domestically and internationally. When federal Justice Minister David Lametti met June 26 in Washington with his American counterpart, U.S. Attorney General William Barr, money laundering was among their top cross-border issues for discussion. ... [read more]

Wednesday, July 03, 2019 @ 12:36 PM

Union rights cannot circumvent New Brunswick bilingualism law, lawyer says Michel_Doucet_sm

Seniority rights of New Brunswick’s unionized paramedics cannot “trump” residents’ constitutional right to receive services in both English and French throughout the province, says a lawyer of a court decision involving Canada’s only bilingual province. ... [read more]