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Supreme Court of Canada

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Wednesday, December 07, 2022 @ 2:46 PM

Traffic fatality case real-life example of ‘cozy’ mystery Tireskid

There is a subgenre in mystery crime writing known as the cozy novel. The plot structure is formulaic. Cozies are typically set in remote areas; the characters are not typical villains. There is always a pet included, but it is never hurt. Yet somehow something dreadful has happened. ... [read more]

Tuesday, December 06, 2022 @ 9:28 AM

Crusading Robert (Rosie) Rowbotham shone public light on prison life | John L. Hill

Lawyers are trained to respect boundaries — not to become personally involved with the client’s case. Nonetheless, I felt personal loss on hearing the news of the death on Dec. 1 of Robert Wilson (Rosie) Rowbotham. ... [read more]

Monday, December 05, 2022 @ 3:38 PM

Case defines standard for quality, quantity of defence evidence Fingerprints

One of the most vexing problems that a criminal defence lawyer faces occurs after the Crown has closed its case or all evidence has been called and it is apparent that the evidence may not establish the accused’s guilt beyond a reasonable doubt. Defendant’s counsel may opt to ask for a directed verdict of acquittal. If the evidence is insufficient to sustain a conviction, the trial judge hearing the motion must direct a verdict of acquittal. ... [read more]

Friday, December 02, 2022 @ 12:39 PM

CUSTODY, PARENTING, AND ACCESS - Removal of child from jurisdiction - Practice and procedure - Courts - Jurisdiction

Appeal by the mother from a decision of the Ontario Court of Appeal that confirmed an order requiring the return of the parties’ two children to the United Arab Emirates (UAE). The parties married in Dubai in 2012. Their children were one and four-years-old at the time of trial. The mother did not have independent residency status in the UAE. In June 2020, the mother travelled to Ontario with the children, with the father’s consent, to visit her family. ... [read more]

Thursday, December 01, 2022 @ 4:21 PM

Decision underscores importance of good defence theory Darkness

A crucial first step in any criminal law defence is for an accused and the defence counsel to agree on a theory of the defence. ... [read more]

Tuesday, November 29, 2022 @ 9:26 AM

Welcome to world of prison justice prisonsuit

A man incarcerated in a medium security prison is suspected of dealing drugs. A Security Information Report is prepared recommending a transfer to maximum security. The inmate objects. Many people would suspect the inmate must, nevertheless, suffer the consequences. It’s easy to overlook the rule of law when the party accused of wrongdoing is not an upstanding citizen. Welcome to the world of prison law. ... [read more]

Monday, November 28, 2022 @ 1:44 PM

Application of biased standard plays role in sex assault appeal Two heads

Following the advent of the #MeToo movement, legislatures and the courts have strived to make the reporting of sexual assault, and legal processes thereafter, less traumatizing for the victim. While we laud the fact that women ought to be believed, it does not mean that persons accused of an assault ought not to be believed. ... [read more]

Thursday, November 24, 2022 @ 1:22 PM

DEFENCES - Entrapment

Appeal by Ramelson from a decision of the Ontario Court of Appeal that set aside a stay of proceedings and confirmed Ramelson’s convictions for child luring, communicating to obtain sexual services from a minor and arrangement to commit sexual offences against a person under 16. An online investigation by the York Regional Police, “Project Raphael”, led to the arrests of 104 men between 2014 and 2017 for child luring and related offences. ... [read more]

Thursday, November 24, 2022 @ 1:07 PM

DEFENCES - Entrapment

Appeal by Haniffa from decision of the Ontario Court of Appeal that affirmed the dismissal of his application for a stay of proceedings regarding his convictions for child luring and a s. 286.1(2) offence. Haniffa was one of 104 people arrested during an online investigation, “Project Raphael”, conducted by the York Regional Police that targeted underage sex work. ... [read more]

Thursday, November 24, 2022 @ 1:03 PM

DEFENCES - Entrapment

Appeal by Jaffer from a decision of the Ontario Court of Appeal that affirmed the dismissal of his application for a stay of proceedings regarding his convictions for luring and a s. 286.1(2) offence. Jaffer, who had Asperger’s Syndrome, was one of 104 people arrested during an online investigation, “Project Raphael”, conducted by the York Regional Police that targeted underage sex work. ... [read more]