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Thursday, November 21, 2019 @ 1:05 PM

Judge, lawyers call for outside review of northern Manitoba bail process Allison Fenske

A lawyer for two Indigenous Manitobans freed of assault charges and awarded costs after being jailed for weeks before being able to seek bail is echoing the judge’s call for an independent review of chronic pretrial dysfunction in the province’s north. ... [read more]

Thursday, November 21, 2019 @ 12:49 PM

Results in B.C. law society election mandate to increase access to justice efforts, says bencher Brook Greenberg

With the bencher table at the Law Society of British Columbia (LSBC) set for the next two years, incumbents are saying the recent election results reflect a mandate to continue the work the law society has been doing on access to justice, mental health and advancing reconciliation with Indigenous peoples. ... [read more]

Thursday, November 21, 2019 @ 9:09 AM

Supreme Court to settle constitutional turf war between federal, provincial judges in Quebec Sonia_LeBel

Quebec is asking the Supreme Court of Canada to overturn a successful constitutional challenge by the judges of the Quebec Superior Court to the province’s power to raise from $70,000 to just below $85,000 the exclusive monetary jurisdiction of Quebec’s provincial court — a move which the Quebec Court of Appeal ruled unconstitutionally trenches on the superior court’s core general jurisdiction to resolve “substantial” civil disputes under s. 96 of the Constitution Act, 1867. ... [read more]

Wednesday, November 20, 2019 @ 5:12 PM - Last Updated: Thursday, November 21, 2019 @ 10:55 AM

Lametti remains as federal Justice minister but other key Justice-related posts get new ministers David Lametti

Prime Minister Justin Trudeau has left McGill University law professor David Lametti in place as federal Justice minister, but has promoted ex-federal prosecutor Marco Mendicino to minister of Immigration in the re-elected Liberal government’s expanded 37-member cabinet. ... [read more]

Wednesday, November 20, 2019 @ 5:13 AM - Last Updated: Thursday, November 21, 2019 @ 2:43 PM

Time to update B.C.’s ‘frontier’ mining laws, says lobby group Calvin Sandborn, B.C. Mining Law Reform Network

A network representing a number of groups from across the natural resource sector is urging British Columbia to amend its mining laws, calling them outdated and not reflective of contemporary concerns surrounding private property, Indigenous rights and protection of the environment. ... [read more]

Wednesday, November 20, 2019 @ 4:49 AM

Quebec ruling offers guidance on Charter right of freedom of assembly Finn Makela

A Quebec City municipal bylaw that compelled organizers of public demonstrations to submit their plans and itinerary to city police beforehand was struck down as unconstitutional by the Quebec Court of Appeal. ... [read more]

Tuesday, November 19, 2019 @ 3:54 PM

Lawyers, keep cleaning your electronics before entering U.S., expert says Cyndee_Todgham_Cherniak_sm

Notwithstanding a United States court deeming the warrantless border searches of personal electronic devices to be unconstitutional, Canadian lawyers should continue scrubbing their smartphones, tablets and laptops before going stateside, says an expert. It was Nov. 13 a Federal Court in Boston ruled the suspicionless searches of international travellers’ personal devices violate the Fourth Amendment. ... [read more]

Tuesday, November 19, 2019 @ 3:33 PM

Windsor pro bono students launch trans ID clinic, expand on Toronto pilot Ryan Markesic sm

The Pro Bono Students Canada (PBSC) chapter at the University of Windsor’s Faculty of Law is launching its own clinic to assist trans people who want to change their ID. “As Canadians, it’s almost impossible to do anything if you don’t have proper ID,” explained Ryan Markesic, the PBSC program co-ordinator who will be overseeing the trans ID clinic. ... [read more]

Tuesday, November 19, 2019 @ 9:19 AM

Ontario Appeal Court reinforces bright-line requirement in trial delay cases Lisa Silver

Two days before the Supreme Court of Canada released R. v. K.J.M. 2019 SCC 55, in which it ruled that the constitutional limits on trial delays identified in R. v. Jordan 2016 SCC 27 also apply in youth court, the Ontario Court of Appeal relied on Jordan to follow a rarely used bright-line approach to review a Charter s. 11(b) case. ... [read more]

Monday, November 18, 2019 @ 2:33 PM

B.C. sets bencher table for next two years B.C. Law Society president Nancy Merrill

The votes are in for the benchers who will guide the Law Society of British Columbia (LSBC) over the next two years. Four new lawyers were chosen to fill the seats on the law society’s governing board, with 18 benchers being returned to office for a term which will last from Jan. 1, 2020, to Dec. 31, 2021. ... [read more]