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Supreme Court of Canada

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Wednesday, October 05, 2022 @ 11:52 AM

Criminal conviction vs. constitutional rights Cellphone in police tape

If you ask anyone on the street if criminals, especially murderers should be apprehended and punished to the full extent of the law, most people would agree. If you ask anyone on the street if upholding constitutionally guaranteed rights are important, again the answer would be in the affirmative. ... [read more]

Tuesday, October 04, 2022 @ 3:18 PM

Women jurists again outnumbered men in applying for Supreme Court of Canada’s Ontario vacancy Michelle O'Bonsawin

A dozen Ontario jurists, including eight women, applied to fill the Supreme Court of Canada vacancy created by Michael Moldaver’s retirement last month — marking just the second time female jurists have outnumbered male applicants. ... [read more]

Tuesday, October 04, 2022 @ 8:44 AM

Drug decision addresses reasonable expectation of privacy cell phone

The old maxim that one should not put new wine into old bottles suggests the treatment of new technology cannot be adapted to established laws. Yet the recent case of R. v. Campbell 2022 ONCA 666 establishes that the Ontario Court of Appeal is doing just that. ... [read more]

Friday, September 30, 2022 @ 9:13 AM

Ontario takes positive step in employing people with criminal records | John L. Hill

We see them everywhere — signs in shop windows saying, “Help Wanted.” What we are not accustomed to seeing is advocates for prisoner rights in Ontario complimenting the provincial government for initiatives to assist people released from imprisonment. ... [read more]

Tuesday, September 27, 2022 @ 1:17 PM

Who owns an athlete’s biometric data, part two Athlete pumping iron with biometric data in background

As we discussed in the first article in this series, the value of performance-based biometric data derived from wearable technology used in athlete training is rising both on and off the playing field. We continue the discussion with the emphasis on privacy. ... [read more]

Monday, September 26, 2022 @ 2:44 PM - Last Updated: Monday, September 26, 2022 @ 4:02 PM

Moldaver led SCC on criminal law for 11 years but spent first three years looking for the exit TLD exclusive

Michael Moldaver, the judge who most shaped Canadian criminal law over the past 11 years, confesses he remains troubled that accused who are “clearly guilty” of serious crimes sometimes get acquitted, because courts throw out crucial evidence tainted by state illegality that many Canadians would not see as justifying such a drastic remedy. ... [read more]

Monday, September 26, 2022 @ 11:11 AM

N.L. Appeal Court ruling shines light on lingering rape myths, Crown says Kathleen O'Reilly, Crown in Newfoundland and Labrador.

An East Coast Appeal Court has zeroed in on “deeply rooted” myths and stereotypes continuing to exist in how some judges treat sex assault cases, says a lawyer. ... [read more]

Thursday, September 22, 2022 @ 9:28 AM

Sex assault decision showcases perils of voir dire Couple head

H.P. met a new girlfriend in October of 2016. H.P. was a security guard wanting to join the RCMP. The girlfriend was a student. They seemed to get along well. ... [read more]

Wednesday, September 21, 2022 @ 2:43 PM

Alberta Court of Appeal reiterates administrative decisions not ironclad Stick figures

Even though administrative decision-makers are given a significant amount of deference to preside over matters relevant to their expertise, the Alberta Court of Appeal reaffirmed that deference is not simply a formality. It requires judgments that encompass transparency and sound reasoning. ... [read more]

Wednesday, September 21, 2022 @ 11:45 AM

Post-peremptory jury selection issue in Court of Appeal decision jury

Do men and women decide what is a fact differently? Would an all-male or and all-female jury come to different conclusions as to what is a fact in particular situations? If so, were all jury verdicts in the past, where the juries were not diverse, incapable of perceiving the truth? Or has our 21st century acceptance of the need for equality of the sexes demonstrated a fundamental flaw in our judicial system when juries are composed disproportionately of one gender? ... [read more]