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Tuesday, August 21, 2018 @ 11:23 AM

Maintaining public confidence behind denial of bail pending indecent assault appeal

Public confidence in the justice system was kept firmly in the eye of a Newfoundland court in denying a senior an interim release pending the appeal of his conviction for sexually assaulting a boy three decades ago. The Aug. 8 Court of Appeal of Newfoundland and Labrador written decision in R. v. Grant 2018 NLCA 49, involves David Grant and his being found guilty of incident assault against a 12-year-old boy around 30 years ago. ... [read more]

Tuesday, August 21, 2018 @ 9:23 AM

RCMP launches online training course for police on cannabis legislation David Wood, Borden Ladner Gervais LLP

Canadian police officers now have an extra tool in their pockets when the deadline for the legalization of cannabis ticks down with the development of a new online training course, but a legal expert is saying much of the education is likely to take place on the streets rather than in front of a computer screen. ... [read more]

Monday, August 20, 2018 @ 1:32 PM

Sixties Scoop survivors now eligible for compensation after approval of settlement Signa Daum Shanks, Osgoode Hall Law School

The long and winding road of getting compensation for Indigenous people who were victims of the notorious Sixties Scoop has come to an end after two courts approved a settlement reached with the federal government late last year. ... [read more]

Monday, August 20, 2018 @ 10:48 AM

Immigration detention did not breach man’s Charter rights, Court of Appeal rules

The Ontario Court of Appeal has dismissed an immigration detention appeal from a man who has been kept in custody since 2013 and allowed the cross-appeal from the Minister of Public Safety and Emergency Preparedness. The Appeal Court held that a lower court erred in finding the appellant had established a s. 12 Charter breach. ... [read more]

Monday, August 20, 2018 @ 9:28 AM

Voice of the Child reports now offered across Ontario Rachel Birnbaum sm

Ontario family courts now have multiple ways to gain a child’s perspective as the Office of the Children’s Lawyer is offering Focused Children’s Lawyer Reports (FCLR) and Voice of the Child reports (VOCs). The service is provided province-wide after a lengthy research project showed the reports’ positive impact. ... [read more]

Friday, August 17, 2018 @ 1:35 PM

Improper jury charge on circumstantial evidence leads to new trial for lovers caught talking murder Ron_Piche_sm

Juries of criminal trials must be properly instructed on the complexities of conspiracy and circumstantial evidence, say lawyers after a Saskatchewan court ordered a new trial for cheating lovers caught talking about killing their spouses. ... [read more]

Friday, August 17, 2018 @ 9:37 AM

Lawyers foresee bumpy road ahead if TWU renews its bid for law school accreditation Barry Bussey

Lawyers foresee a bumpy road ahead if Trinity Western University (TWU) renews its failed bid to create Canada’s first religious law school. The Langley, B.C.-based evangelical Christian private university announced Aug. 14 that starting in the 2018-2019 school year student adherence to its religious-based code of ethics (“community covenant”) will be optional (but not for professors or other staff) — not mandatory as before. ... [read more]

Thursday, August 16, 2018 @ 12:58 PM

Canada’s use of DNA and ancestry sites in detainees’ deportation cases problematic, lawyers say Peter_Edelmann_sm

Canadian border officials are using “coercion” to get detainees’ DNA and use it to scour “random” ancestry websites for background information that may or may not be accurate, says an immigration lawyer. ... [read more]

Thursday, August 16, 2018 @ 9:20 AM

ICBC rate structure changes will create more fairness in system: lawyer Scott Stanley, Murphy Battista LLP

The B.C. government is moving to change the three-decade-old rate structure at the provincially owned Insurance Corporation of British Columbia (ICBC), a move an observer said is consistent with basic insurance principles and one that will no longer reward drivers for bad behaviour. ICBC’s current rate structure is built around insuring the vehicle rather than the driver and allowing discounts to drivers despite the possibility of their having multiple crashes. Provincial Attorney General David Eby said that has resulted in British Columbians with crash-free, clean driving records subsidizing bad drivers. ... [read more]

Wednesday, August 15, 2018 @ 11:09 AM

Accommodating workers’ chronic pain complex issue for employers, lawyer says Brian_Wasyliw_sm

Getting a clear picture from a doctor of what a chronic pain sufferer can and cannot do at work is key for employers needing to accommodate the disability, says a lawyer. Toronto employment lawyer Brian Wasyliw says that while chronic pain can often be a nebulous and imprecise ailment met by employers with uncertainty, skepticism and, at times, a raised eyebrow of suspicion, it nonetheless must be addressed by finding out the workplace limitations faced by legitimate sufferers. ... [read more]