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Supreme Court of Canada

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Tuesday, September 20, 2022 @ 9:21 AM

Appeal Court decision ameliorates evidence of bias Brain

As one who has practised prison law for decades, I have maintained a sense that within our criminal justice system there is an unacknowledged caste system. I fear that sometimes justice is meted out unequally; i.e., well-to-do Anglo businessmen are treated more deferentially than, say, impoverished Indigenous accused persons. Of course, there are other factors that contribute to social stratification, but my concern has always been that within the justice system, everyone should be treated equally. ... [read more]

Thursday, September 15, 2022 @ 1:21 PM

What is and is not bad faith in context of dismissal | Stuart Rudner

It’s funny how many allegations of bad faith are made in, well, bad faith. I say that as a mediator and as a lawyer. ... [read more]

Wednesday, September 14, 2022 @ 2:41 PM

Decision involving hypnosis, Mr. Big, unveils obstacles to fact finding Hypnosis

In the book, The Plea of Innocence: Restoring Truth to the American Justice System, to be released Oct. 4, American law professor Tim Bakken argues that the adversarial system that we use in North America distorts the ability of courts to search for the whole truth and nothing but the truth. ... [read more]

Monday, September 12, 2022 @ 2:21 PM

Alberta child sex case addresses question: Porn or art? old camera

Few crimes in our society attract more moral opprobrium than child pornography cases. The Supreme Court of Canada in R. v. Sharpe 2001 SCC 2 branded the crime as one that is “inherently harmful to children and to society.” The court went on to state that child pornography undermines the Charter rights of children and other members of society by eroticizing “the inferior social, economic, and sexual status of children. It preys upon pre-existing inequalities.” ... [read more]

Friday, September 09, 2022 @ 3:07 PM

Uneasy lies the head that wears the Crown | Heather MacIvor

The death of Queen Elizabeth II is a sad milestone for everyone (myself included) who admired her strength and relished her occasional displays of mischievous wit. For 70 years, she reigned over an increasingly divided country (and an ever more fractious Commonwealth) without embroiling herself in political controversy — an astonishing feat of discretion and self-discipline. The Queen accepted the constraints of her constitutional role as the embodiment of the Crown. It is not entirely clear that King Charles III will prove equally restrained. ... [read more]

Thursday, September 08, 2022 @ 9:07 AM

Standard of review of procedural fairness in judicial review | Sara Blake

The courts have not explained why correctness is the standard of review applied on judicial review of questions of procedural fairness. This standard is inconsistent with other jurisprudence. ... [read more]

Wednesday, September 07, 2022 @ 12:31 PM

Myles Sanderson parole decisions | John L. Hill

Canada’s Minister of Public Safety, Marco Mendicino, has assured us that there will be an investigation into the decision by the Parole Board of Canada to cancel the suspension of Myles Sanderson, an Indigenous inmate who, once released, went on the run and now stands accused of the deadly knife attacks at the James Smith Cree Nation that resulted in 10 homicides. ... [read more]

Tuesday, September 06, 2022 @ 12:07 PM

Cannabis decision proves much depends on how you ask questions Police light

Every criminal defence counsel can remember instances at trial where he or she didn’t get the answer expected simply because the lawyer had not asked the right question. It can also happen to police officers, as the Saskatchewan Court of Appeal decided in the case of R. v. Santos 2022 SKCA 50 that was handed down on April 19. ... [read more]

Wednesday, August 31, 2022 @ 9:54 AM

Ontario HIV appeal decision: Battle lost, battle won HIV tag

In the opening act of Shakespeare’s Macbeth, the second of the three witches said that they will meet again, “When the battle’s lost and won.” The paradox contained in the line can be troublesome for readers. A similar paradox is probably just as troublesome for readers of the recently decided appeal R. v. Murphy [2022] O.J. No. 3791. It was also a case that was lost and won. ... [read more]

Wednesday, August 24, 2022 @ 12:36 PM

Justice O’Bonsawin brings refreshing experience to highest court | Naomi Sayers

Last week, it was news across my social media and I enjoyed seeing the positive words from other colleagues online. ... [read more]