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Supreme Court of Canada

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Friday, November 15, 2019 @ 2:59 PM - Last Updated: Monday, November 18, 2019 @ 3:14 PM

SCC rules Jordan’s presumptive caps on trial delay apply in youth court Michael Moldaver

The Supreme Court of Canada has declined to impose lower constitutional limits on trial delays in youth court, ruling 6-3 that the 18-month and 30-month presumptive ceilings the top court set for trying adults in the watershed Jordan decision apply also in proceedings under the Youth Criminal Justice Act (YCJA). ... [read more]

Friday, November 15, 2019 @ 1:58 PM

CONSTITUTIONAL ISSUES - Canadian Charter of Rights and Freedoms - Legal rights - Procedural rights - Trial within a reasonable time

Appeal from a judgment of the Alberta Court of Appeal affirming the convictions of the appellant for aggravated assault and possession of a weapon for a dangerous purpose. ... [read more]

Thursday, November 14, 2019 @ 3:24 PM - Last Updated: Thursday, November 14, 2019 @ 5:36 PM

SCC splits 5-2 to acquit Quebec naturopath of unlawful act manslaughter, criminal negligence causing death Rosalie Silberman Abella

In a 5-2 judgment on the elements of the offences of criminal negligence causing death and unlawful act manslaughter, the Supreme Court of Canada has reinstated the acquittals of a Quebec naturopathic doctor whose client died of septic shock after she injected the 84-year-old heart patient intravenously with a nutrient solution that was later discovered to be contaminated. ... [read more]

Thursday, November 14, 2019 @ 2:37 PM

CRIMINAL NEGLIGENCE - Causing death by criminal negligence - Homicide - Manslaughter

Appeal from a judgment of the Quebec Court of Appeal substituting the acquittal of Javanmardi for unlawful act manslaughter with a conviction and ordering a new trial for criminal negligence causing death. ... [read more]

Tuesday, November 12, 2019 @ 11:18 AM

New SCC clerkship interview process: Equity and sound public administration | Lawrence David

Cambridge doctoral student Paul Warchuk messaged me this morning with the following news: ... [read more]

Monday, November 11, 2019 @ 9:34 AM

Civil rights groups seek first-ever Supreme Court ruling on constitutionality of solitary confinement Jessica Magonet

Nearly five months ago, the British Columbia Court of Appeal held that indefinite, prolonged solitary confinement violates prisoners’ rights to life, liberty and security of the person under Charter s. 7, and the B.C. Civil Liberties Association (BCCLA) and the John Howard Society of Canada (JHSC), which were involved in that case, now seek a similar finding from the Supreme Court of Canada, which has yet to rule on the constitutionality of administrative segregation. ... [read more]

Friday, November 08, 2019 @ 1:21 PM

SENTENCING - Possession of property obtained by crime over $5,000 - Fines - Forfeiture

Appeal by Rafilovich from a decision of the Ontario Court of Appeal that granted the Prosecution’s application seeking imposition of a fine, rather than forfeiture, in relation to seized funds believed to be the proceeds of crime. ... [read more]

Friday, November 08, 2019 @ 12:40 PM - Last Updated: Friday, November 08, 2019 @ 4:50 PM

Offenders ‘generally’ don’t have to repay crime proceeds that were authorized to be spent on legal defence: SCC Sheilah Martin

In a major win for the defence bar and their clients, the Supreme Court of Canada has ruled 6-3 that sentencing judges generally should not order an offender to repay, by way of fine in lieu of forfeiture, the proceeds of crime that the accused has already spent, with court authorization, on his reasonable legal defence costs. ... [read more]

Friday, November 08, 2019 @ 12:33 PM

Benefit corporations: Legislators should tread lightly good_corporation_sm

The advent of the burgeoning benefit corporation movement represents a subtle but fundamental change in the way for-profit companies choose to do business. And Canadian legislators, who have been slow to act in support of this movement, should address it with comparable subtlety, recognizing that the movement is an evolution of existing law, bears no relationship to the not-for–profit sector and does not require a host of new regulatory approaches. ... [read more]

Tuesday, November 05, 2019 @ 2:07 PM

Quebec, Ottawa applaud Justice Kasirer, province’s new role in nominating Quebec SCC judges Chief Justice of Quebec Nicole Duval Hesler with Supreme Court of Canada Justice Nicholas Kasirer

The Supreme Court of Canada saw a rare display of federal-provincial unanimity Nov. 4 as the attorneys general of Canada and Quebec jointly hailed the top court’s newest judge and the province’s beefed-up role in the reformed process that culminated in Justice Nicholas Kasirer’s nomination. “The nomination of Justice Kasirer to the court is historic,” Attorney General of Canada David Lametti said of the new process during the welcoming ceremony in the Supreme Court’s courtroom which was packed with Justice Kasirer’s family and friends, along with many legal lights from the bar and bench in Quebec and across Canada. ... [read more]