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Supreme Court of Canada

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Thursday, July 20, 2017 @ 02:13 PM

Two Superior Court judges appointed in Quebec

Jody Wilson-Raybould, Justice minister for Canada, on July 18 announced the appointment of two judges to Quebec's Superior Court of Justice. ... [read more]

Thursday, July 20, 2017 @ 02:09 PM

Ottawa appoints four judges to Ontario courts

Federal Justice Minister Jody Wilson-Raybould announced the appointment of four judges to the Ontario courts on July 18. ... [read more]

Tuesday, July 18, 2017 @ 01:53 PM

Trudeau names members of advisory board to pick Supreme Court justice

Prime Minister Justin Trudeau has announced the members of an advisory board who will help the government select the next justice of the Supreme Court of Canada to fill a vacancy when Chief Justice Beverley McLachlin retires in December. ... [read more]

Tuesday, July 18, 2017 @ 09:54 AM

'Disproportionate' mandatory minimum sentence breached man's Charter rights, court rules

The British Columbia Court of Appeal has ruled the mandatory minimum sentence in the case of a man convicted of a sexual offence against a minor to be “grossly disproportionate” and in violation of his rights under the Charter of Rights and Freedoms. ... [read more]

Monday, July 17, 2017 @ 02:47 PM

Bar’s opinion is polarized on Alta. CA’s call for changes in sexual assault cases Constance Backhouse

The Alberta Court of Appeal’s clarion call for changes to how Canadian courts instruct juries, apply the rape shield and otherwise handle sexual assault cases is seen by some as a “huge step forward” in fairness for complainants, particularly for Indigenous women, but others warn of the risk of wrongful convictions and jeopardy to accused’s fair trial rights.   ... [read more]

Friday, July 14, 2017 @ 12:08 PM

Copyright Board's interim tariff is mandatory and enforceable against York University, Federal Court rules

The Federal Court has ruled that an interim tariff issued by the Copyright Board of Canada that is directed at post-secondary institutions is mandatory and applies to York University. ... [read more]

Thursday, July 13, 2017 @ 10:36 AM

Updated: Supreme Court rules on personal liability for corporate oppression Cote

In a groundbreaking 9-0 corporate law judgment, the Supreme Court of Canada has delineated, for the first time, when company directors and officers may be found personally liable for corporate oppression. ... [read more]

Wednesday, July 12, 2017 @ 03:38 PM

Rape myths, flawed pattern jury charges still deny women fair treatment in sexual assault cases: Alberta CA Fraser

Alberta’s top court says judges deny women equality in sexual assault cases by wrongly: adhering to flawed pattern jury charges that are “frozen in time”; bypassing the rape shield provisions; and relying on rape myths, and other discredited stereotypes when they interpret and apply the law of sexual assault. ... [read more]

Monday, July 10, 2017 @ 09:48 AM

CRIMINAL CODE OFFENCES - Sexual offences - Sexual interference - Offences against person and reputation - Assaults - Sexual assault

Appeal by George from the judgment of the Saskatchewan Court of Appeal setting aside her acquittals for sexual interference and sexual assault entered by the trial judge and ordering a new trial. George had sex with an adolescent boy, who was 14 years old, while she was herself 35 years old. ... [read more]

Friday, July 07, 2017 @ 12:22 PM

Updated: SCC explains test for convicting adults for sex acts with minors Gascon

The Supreme Court has given guidance on prosecuting sex with minors in explaining why its judges threw out charges from the bench against a 35-year-old woman who had sexual intercourse with a 14-year-old she reasonably believed was over the age of consent. The court handed down reserved reasons July 7 for its 5-0 April 28 decision restoring appellant Barbara George’s 2015 acquittals at trial on charges of sexual assault and sexual interference: R. v. George 2017 SCC 38. ... [read more]