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Supreme Court of Canada

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Friday, July 29, 2022 @ 2:15 PM

ELEMENTS OF THE OFFENCE - Actus reus

Appeal by Kirkpatrick from a decision of the British Columbia Court of Appeal that set aside his acquittal on a charge of sexual assault and ordered a new trial. The complainant testified that she made it clear to Kirkpatrick she would only agree to have sexual intercourse with him if he wore a condom. During their second episode of intercourse, Kirkpatrick did not wear a condom. ... [read more]

Friday, July 22, 2022 @ 5:12 PM

Deeply divided SCC excludes homicide confession obtained by police in breach of right to counsel Russell Brown

In a ruling which admonishes police to be “alive to a detainee’s vulnerabilities” when carrying out their obligation to facilitate a person’s s. 10(b) right to counsel, the Supreme Court of Canada has narrowly affirmed that an Indigenous youth who confessed — to stabbing a drug dealer in the neck — after police twice failed to give the 19-year-old an adequate opportunity to consult with a lawyer, is entitled to a new trial that excludes his illegally obtained confession and other evidence that was thereby tainted. ... [read more]

Friday, July 22, 2022 @ 4:51 PM

CONSTITUTIONAL ISSUES - Right to retain and instruct counsel without delay - Remedies for denial of rights

Appeal by the Crown from a decision of the Alberta Court of Appeal that allowed Lafrance’s appeal from his conviction for second-degree murder and ordered a new trial. The police suspected Lafrance, a then 19-year-old Indigenous man, might have been involved in a murder. ... [read more]

Thursday, July 21, 2022 @ 4:31 PM

CRIMINAL CODE OFFENCES - First degree murder - Forcible confinement

Appeal by Sundman from a decision of the British Columbia Court of Appeal that set aside his conviction for second degree murder and substituted a conviction of first degree murder. The appellant and the victim were drug dealers with a mutual animosity. On the day of the victim’s murder, the appellant unlawfully confined him in a moving pickup truck and repeatedly assaulted him by hitting him with a handgun. ... [read more]

Thursday, July 21, 2022 @ 9:49 AM

SCC’s move to limit interveners’ counsel to Zoom in fall sparks questions, concerns within bar Eugene Meehan

The Supreme Court of Canada plans not to allow lawyers for interveners to argue cases in person in its Ottawa courtroom this fall — restricting them to the Zoom platform — while counsel for the parties are expected to be given the choice to argue virtually, or to appear in the flesh before the nine judges (COVID-19 protocols permitting). ... [read more]

Friday, July 15, 2022 @ 2:07 PM

Top four factors to consider when appealing commercial arbitration awards Four boxes with checkmarks

There are two main goals to commercial arbitration: efficiency and finality. The purpose is to ensure that a matter is brought to final resolution, without the need for lengthy court proceedings and appeals. ... [read more]

Friday, July 15, 2022 @ 1:43 PM

COPYRIGHT - Related legislation - International treaties and conventions - Royalties - Copyright Board

Appeal by the Society of Composers, Authors and Music Publishers of Canada and Music Canada from a judgment of the Federal Court of Appeal that set aside a decision of the Copyright Board. ... [read more]

Wednesday, July 13, 2022 @ 8:31 AM

SCC recognizes complexities of professional discipline | Sara Blake

In the Law Society of Saskatchewan v. Abrametz, 2022 SCC 29, the Supreme Court of Canada allows regulators procedural flexibility to deal effectively with the wide variety of circumstances that warrant disciplinary action and gives deference to their findings of fact on questions of procedural fairness. ... [read more]

Monday, July 11, 2022 @ 8:36 AM

REGULATION OF PROFESSION - Disciplinary procedure - Proceedings before discipline or hearing committee - Appeals - To ordinary courts

Appeal by the Law Society of Saskatchewan from a decision of the Saskatchewan Court of Appeal that stayed disciplinary proceedings against Abrametz. The Law Society brought disciplinary proceedings against Abrametz in 2012. In 2018, Abrametz was found guilty of four charges of conduct unbecoming a lawyer and in 2019, he was disbarred without a right to apply for readmission for two years. ... [read more]

Thursday, July 07, 2022 @ 2:01 PM

Climate change, municipalities and provincial politics | Bo Kruk

The derecho storm that blew through the Ottawa region on May 21 was the most significant storm in the area, to date. According to Ottawa’s regional utility company, over 400 utility poles were damaged. There were only 50 poles impacted in the Ice Storm of 1998, and 88 poles after the 2018 tornadoes. Record-breaking meteorological events are increasing annually. However, if we follow government policies as of November 2021, there is over a 95 per cent chance of exceeding the 1.5°C target under the Paris Agreement of 2015. While the world continues to focus on the COVID-19 pandemic, the spectre of climate change looms in the shadows. ... [read more]