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Friday, February 23, 2018 @ 3:57 PM

Sleeper SCC ruling on defective police cautions will spark new defence bids to exclude evidence Russell Brown

A sleeper Supreme Court judgment that recently threw out a man’s sexual assault conviction because Edmonton police elicited an inculpatory statement from him using a flawed standard caution will generate defence bids to exclude similarly tainted evidence in Alberta, Ontario and any other jurisdictions which also have constitutionally defective standard police cautions, predicts the Edmonton defence counsel who won the case. ... [read more]

Friday, February 23, 2018 @ 12:20 PM

Shock, disappointment over federal appeal of B.C. solitary confinement decision Debra Parkes, UBC Peter A. Allard School of Law

The federal government has announced it is going to appeal a B.C. Supreme Court ruling that solitary confinement is unconstitutional, a decision that legal experts are calling disappointing in that it will lead to delay in making changes to a practice that has been called into question at multiple levels of court. ... [read more]

Friday, February 23, 2018 @ 9:28 AM

Law Society of Ontario approves Ryerson law school program Peter Wardle sm

Ryerson University’s proposed law school has reached another benchmark in the approval process as the Law Society of Ontario (LSO) has backed the Federation of Law Societies of Canada’s (FLSC) preliminary endorsement of the program. ... [read more]

Thursday, February 22, 2018 @ 2:42 PM

Timely justice in Nunavut starts with Ottawa, says lawyer James_Morton_sm

If there is going to be timely justice in Canada’s North, Ottawa must open its wallet. This is the view of at least one criminal lawyer following a Nunavut judge’s passionate dressing down of time limits set out by the Supreme Court of Canada when it comes to cutting down delay in criminal proceedings. ... [read more]

Thursday, February 22, 2018 @ 1:15 PM

Panel debates Jordan, Charter breaches Paul Zambonini, Kim Schofield, and Kent Roach

Despite its bright lines about timelines, the R. v. Jordan 2016 SCC 27 decision has created murkiness about seriousness and exceptionality, not to mention stays and alternative Charter remedies. ... [read more]

Thursday, February 22, 2018 @ 9:38 AM

Federation of Law Societies looking to tweak anti-money laundering rules for lawyers FLSC president Sheila MacPherson

The Federation of Law Societies of Canada (FLSC) is undertaking a consultation process on amendments to its model rules on anti-money laundering and terrorist financing, with an eye to make them more robust and effective for lawyers across the country. ... [read more]

Thursday, February 22, 2018 @ 9:20 AM

Self-defence factor in new trial for sex worker who stabbed client

The “totality of the circumstances” must be assessed when self-defence is used to ward off sexual assault — no matter who’s involved, says one lawyer after a new trial was ordered for a “drug-addled” prostitute accused of knifing a john. ... [read more]

Wednesday, February 21, 2018 @ 5:39 PM

CJC recommendation that Parliament remove judge likely faces court challenge, time crunch Gérald Tremblay

Quebec Superior Court Justice Michel Girouard — who has been collecting his $315,300-per-annum salary while being pulled from court duty for more than five years while his conduct was under review — could opt to retire in 31 months with a lucrative federal judicial pension, if Parliament doesn’t remove him from the bench before then. ... [read more]

Wednesday, February 21, 2018 @ 10:44 AM

Alberta Appeal Court decision on trial delay could be benchmark for province: law prof Lisa Silver, University of Calgary Faculty of Law

The Alberta Court of Appeal has ordered a new trial for a man who had a charge of first degree murder against him dropped due to delay, and a law professor at the University of Calgary says the decision provides increased clarity for provincial courts grappling with delay issues after the Supreme Court’s landmark Jordan decision put a new time frame on getting issues to trial. ... [read more]

Wednesday, February 21, 2018 @ 9:25 AM

Quebec Court of Appeal provides detailed guidance over Jordan in two rulings Charles_Shearson

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling, will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of Jordan. ... [read more]