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Supreme Court of Canada

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Monday, June 28, 2021 @ 3:22 PM

Trudeau appoints Jamal to Supreme Court Justice Mahmud Jamal

Prime Minister Justin Trudeau has officially appointed Justice Mahmud Jamal to the Supreme Court of Canada. ... [read more]

Friday, June 25, 2021 @ 4:46 PM

Elimination of peremptory challenges constitutionally valid: Supreme Court Justice Michael Moldaver, Supreme Court of Canada

The abolishment of peremptory challenges in jury selections is constitutionally valid and, being “purely procedural” in nature, can apply retrospectively to pending cases, found a majority of the Supreme Court in its reasons for restoring the murder conviction of an Ontario man. ... [read more]

Friday, June 25, 2021 @ 1:43 PM

PROCEDURE - Jury - Peremptory challenges

Appeal by the Crown from a decision of the Ontario Court of Appeal that overturned Chouhan’s conviction for first degree murder and ordered a new trial on the basis that amendments to the jury selection process did not apply to Chouhan’s trial. ... [read more]

Thursday, June 24, 2021 @ 12:58 PM

Sunshine as diversity disinfectant | David Latner

Three recent events inspired me to consider how our law schools could lead by example in advancing diversity. ... [read more]

Wednesday, June 23, 2021 @ 2:05 PM

Judge’s role is to adjudicate ‘on the basis of law, precedent and evidence,’ SCC nominee says Justice Mahmud Jamal

Justice Mahmud Jamal, the Trudeau government’s nominee to the Supreme Court vacancy caused by the impending retirement of Justice Rosalie Silberman Abella, says he hopes to serve with an open mind and a willingness to listen while remaining “very mindful” of the responsibility which comes with being the first person of colour to be named to Canada’s top court. ... [read more]

Tuesday, June 22, 2021 @ 10:53 AM - Last Updated: Friday, July 09, 2021 @ 2:16 PM

Quebec waives MAiD final consent requirement as it considers expanding its scope Jean-François Leroux

Heeding to growing pressure, the Quebec government is following in the footsteps of the federal government and has waived the final lucid consent requirement before receiving medical assistance in dying for patients whose natural death is reasonably foreseeable. ... [read more]

Monday, June 21, 2021 @ 2:23 PM

Interaction with police entails rights, responsibilities Scared man with cell phone

Protecting public safety through highway traffic enforcement give police broad powers of detention and even search. A vehicle on a highway can be stopped to check the driver’s sobriety, licence, insurance, ownership or vehicle fitness. With reasonable suspicion the police can perform warrantless searches involving open alcohol, breath testing, open cannabis, vehicle fitness, and more. Driving is a privilege and part of that privilege is a reduced expectation to be free from stop or certain kinds of search. It is a highly regulated activity, especially when it is carried out on public roads where the safety of others may be affected. ... [read more]

Thursday, June 17, 2021 @ 4:23 PM

Chief Justice Wagner hopes stakeholders will ‘explore new ways to use technology’ Chief Justice Richard Wagner, of the Supreme Court of Canada

In a press conference on June 17, Chief Justice Richard Wagner announced that the Supreme Court of Canada will continue to hold virtual hearings “if parties want it that way.” ... [read more]

Friday, June 11, 2021 @ 12:52 PM

CIVIL EVIDENCE - Documentary evidence - Publication bans and confidentiality orders - Sealed evidence

Appeal by the estate trustees from a decision of the Ontario Court of Appeal that lifted sealing orders granted by the application judge. The unexplained deaths of a prominent couple in their home generated intense public interest. ... [read more]

Tuesday, June 08, 2021 @ 11:19 AM

Private driveway impaired ruling might alter police procedure Policeman at front door of house

The Highway Traffic Act (HTA), as its name would imply, generally applies to things that happen on highways. Highway is defined in a very inclusive manner to include almost every imaginable path that “is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.” This means that even the ditch or avenue beside the driven portion of the road forms part of the highway if it is owned as part of the property of the highway. The HTA can also apply to illegal actions which begin on a highway but travel off of it, such as an accident where a person crashes onto private property. ... [read more]