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Tuesday, August 28, 2018 @ 12:58 PM

As legal cannabis looms, Ottawa approves first roadside oral fluid drug screening equipment Justice Minister Jody Wilson-Raybould

With cannabis legalization fast approaching, Ottawa has approved for the first time roadside oral fluid drug screening equipment for use by the RCMP and provincial police forces in enforcing the Criminal Code’s prohibition of drug-impaired driving. ... [read more]

Tuesday, August 28, 2018 @ 11:40 AM

N.S. Appeal Court averts drug test controversy in child protection case, says lawyer

Nova Scotia averted legal upheaval akin to the Motherisk scandal when an Appeal Court quashed a ruling that a drug test in a child protection case was inadmissible due to a Halifax lab’s lack of forensic accreditation, says a lawyer. The Nova Scotia Court of Appeal’s Aug. 17 decision in Nova Scotia (Minister of Community Services) v. J.M. 2018 NSCA 71 involves the drug testing of parents of a 9-year-old girl. ... [read more]

Tuesday, August 28, 2018 @ 9:25 AM

Rosen’s career comes full circle as he’s to receive CLA’s prestigious Martin medal John Rosen sm

Renowned criminal defence lawyer, John Rosen was away from the office when he heard the president of the Criminal Lawyers Association (CLA) was trying to get in touch with him. Rosen thought it was about a disgruntled client looking to switch lawyers, but Michael Lacey was actually trying to bestow something much greater. Rosen was shocked when Lacey said the CLA had awarded him the G. Arthur Martin Criminal Justice Medal. This award, created in honour of Goldwyn Arthur Martin, a distinguished lawyer and jurist, is presented in recognition of commitment to the advancement of criminal justice in Canada. ... [read more]

Monday, August 27, 2018 @ 12:24 PM

B.C. Appeal Court overturns acquittal in child removal case against convicted polygamist

The British Columbia Court of Appeal has overturned the acquittal of a convicted polygamist on charges of removing a child from Canada, saying the trial judge erred in his conclusions that the actus reus of the offence could only be made if the respondent was in Canada during the commission of the offence. The offence in question occurred in 2004, when James Oler was the bishop of the Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) in Bountiful, B.C. Warren Jeffs is the so-called “prophet” of the FLDS church and resides in the United States. ... [read more]

Monday, August 27, 2018 @ 9:39 AM

OBA Innovator-in-Residence looks to human touch to make law firms ‘nimble and engaged’ Peter_Aprile_sm

Developing the “critical human element” of law firms will mark the inaugural year of the Ontario Bar Association’s new Innovator-in-Residence program. According to a statement from the OBA, the program, launched Aug. 2, will “offer the profession the fresh perspectives, knowledge, skills and connections necessary to drive change and keep pace with the speed of innovation.” ... [read more]

Friday, August 24, 2018 @ 11:01 AM

B.C. Appeal Court case has potential to bring human rights protections to corporations: lawyer

The B.C. Court of Appeal has ruled it does not have jurisdiction to hear an appeal of a labour arbitrator’s decision in a conflict between a union and a logging company owned by a First Nations band, and the union’s lawyer is saying the arbitrator’s ruling has the potential to lead to the application of the B.C. Human Rights Code to corporations in the province. ... [read more]

Friday, August 24, 2018 @ 8:47 AM

Tardy Ontario judge keeps job; court now tracking delays more closely

An Ontario Superior Court judge whose court let her render late reserved judgments for years is keeping her $321,600 per annum job — despite the harm her tardiness caused some litigants. On Aug. 23, the Canadian Judicial Council (comprising the 39 chief justices of Canada’s superior courts, including Ontario Superior Court Chief Justice Heather Forster Smith) announced it was closing the book on its more than year-long review of Justice Susanne Goodman’s chronic inability to issue timely judgments. ... [read more]

Thursday, August 23, 2018 @ 1:52 PM

Oversight of Humboldt crowdfunding money could mean similar legislation elsewhere, say lawyers David_Freedman_sm

Novel Saskatchewan legislation being used in overseeing the handling of money crowdfunded for victims of the Humboldt Broncos bus crash will likely lead to similar laws being created in other parts of Canada, lawyers say. ... [read more]

Thursday, August 23, 2018 @ 9:17 AM

Feds to change law on political activities by charities, appeal case ordering them to do the same Bradley Bryan, University of Victoria

The federal government has announced it will amend the Income Tax Act to allow charities to pursue non-partisan political activities — while simultaneously appealing a recent court decision that struck down restrictions on those activities as a Charter violation. ... [read more]

Wednesday, August 22, 2018 @ 1:12 PM

Ontario doesn’t have standing in proposed class action against Volkswagen, court rules Margaret Waddell sm

The Ontario Superior Court of Justice dismissed a proposed class action against Volkswagen Aktiengesellschaft (VWAG) in a decision that highlighted the principle of international comity as an important part of securities litigation involving a foreign stock exchange. ... [read more]