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Supreme Court of Canada

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Thursday, June 01, 2017 @ 03:17 PM

SCC sets out national approach to bail provisions in Criminal Code Vincenzo Rondinelli

The Supreme Court of Canada has provided a consistent national roadmap for granting bail across the country in a 9-0 judgment that is expected to liberalize bail practices in some provinces like Ontario, which have been following a more restrictive route. ... [read more]

Thursday, June 01, 2017 @ 02:11 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Protection against arbitrary detention or imprisonment - Right to reasonable bail

Appeal by the Crown from a decision of the Ontario Superior Court of Justice declaring s. 515(2)(e) of the Criminal Code unconstitutional. Antic was arrested in Windsor, Ontario and charged with several drug and firearms offences. He was an Ontario resident, but spent much of his time in the state of Michigan and had no assets in Canada. Antic was denied judicial interim release at his initial bail hearing in the Ontario Court of Justice. Antic subsequently brought two unsuccessful bail review applications in the Ontario Superior Court of Justice. In his third bail review application, Antic challenged the constitutionality of s. 515(2)(e) of the Criminal Code, which permitted a judge or a justice to require both a cash deposit and surety supervision as conditions of release if an accused ordinarily resided out of the province or more than 200 km away from the place in which he or she was in custody. The bail review judge found that s. 515(2)(e) violated the right not to be denied reasonable bail without just cause under s. 11(e) of the Canadian Charter of Rights and Freedoms (Charter). He held that the only viable conditions of release for Antic would be a large cash deposit and surety supervision, but the geographical limitation in s. 515(2)(e) prevented him from granting bail on these terms, as Antic resided within 200 km of the place in which he was detained and therefore did not meet the criteria outlined in the provision. The bail review judge thus concluded that the geographical restriction unconstitutionally denied Antic bail. He severed and struck down the geographical limitation in s. 515(2)(e). He then ordered Antic’s release with a surety and a cash deposit of $100,000. After over a year in pre-trial custody, Antic raised sufficient funds to post the $100,000 cash deposit and was released. The main issue in the appeal was whether s. 515(2)(e) of the Criminal Code infringed the right not to be denied reasonable bail without just cause under s. 11(e) of the Charter. ... [read more]

Wednesday, May 31, 2017 @ 01:49 PM

Toronto criminal lawyer Rondinelli to be honoured by OBA

Enzo Rondinelli, a lawyer with Lafontaine & Associates in Toronto, has been named winner of the Ontario Bar Association (OBA) Award of Excellence in Criminal Justice. ... [read more]

Friday, May 26, 2017 @ 09:01 AM

Thornton Grout Finnegan student wins MacNaughton writing award

Thornton Grout Finnigan articling student James Hardy is the recipient of the 2017 Michael MacNaughton Student Writing Award for insolvency law. ... [read more]

Tuesday, May 23, 2017 @ 11:06 AM

Justice Abella urges Brandeis grads to fight injustice

Canadian Supreme Court Justice Rosalie Abella delivered the keynote speech and earned an honorary degree from Brandeis University in Waltham, Mass., during the university's 66th Commencement on May 21. ... [read more]

Tuesday, May 23, 2017 @ 09:11 AM

Updated: MPs pass sex assault training bill but bumpier ride coming in Senate Serge Joyal

Liberal Sen. Serge Joyal said he is surprised that Justice Minister Jody Wilson-Raybould and her government support a Conservative judicial training bill that critics warn impinges on judicial independence and could further delay judicial appointments to the backlogged superior courts. ... [read more]

Tuesday, May 23, 2017 @ 08:51 AM

Revamped procurement legislation to be proclaimed in NL

Greater transparency and greater fairness are at the heart of new procurement legislation expected to come into force in Newfoundland and Labrador later this year. ... [read more]

Friday, May 19, 2017 @ 09:13 AM

“Stealthing” and the law: Is it sexual assault? Anne London-Weinstein

“Stealthing” is the new sexual assault - a crime by any other name, say Canadian lawyers - that adds another twist to current issues of consent in cases of sexual violence. The practice - not rape, but “rape-adjacent”, as one victim put it - refers to partners who during consensual sex with a condom surreptitiously remove the prophylactic, or cause it to be removed. ... [read more]

Thursday, May 18, 2017 @ 12:51 PM

Counsel to get remote access to embargoed SCC judgments Supreme Court of Canada

The Supreme Court of Canada has decided to give the lawyers who argue its most newsworthy appeals an advance look — under embargo — at the ensuing judgments. ... [read more]

Wednesday, May 17, 2017 @ 03:20 PM

Does Canada’s military justice system need an update? | Tim Dunne

Defence and security analyst and writer Tim Dunne disagrees with Judge Advocate General (JAG) Blaise Cathcart, who in a May 7 interview with The Lawyer’s Daily, rejected any suggestion that the military justice system needs substantial reform. ... [read more]