Access to Justice
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May 03, 2024
SCC clarifies judges’ duty to inform accused of right to trial in accused’s chosen official language
The Supreme Court of Canada has set out the analytical framework for conviction appeals by accused who weren’t informed by the first instance judge of their fundamental right to be tried in the official language of their choice, in breach of the judge’s informational duties under s. 530(3) of the Criminal Code.
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May 02, 2024
New independent watchdog would assess & report how Ottawa carries out its modern treaty obligations
Ottawa says it will create an independent oversight body, led by a new “Commissioner for Modern Treaty Implementation” who reports to Parliament and whose role will be “to work to hold the Government of Canada accountable for its modern treaty obligations and advance key priorities.”
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May 02, 2024
Is sharing family pet ‘best for all concerned’ in pet custody cases? | V. Victoria Shroff, KC
While companion animals are still property under B.C.’s new family law statute, they now have an elevated status above bare property like a toaster.
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May 01, 2024
B.C. Court of Appeal denies securities class action due to residency requirement
The B.C. Court of Appeal has upheld an order striking a securities class action brought by an Ontario-based mutual fund, finding that the fund did not meet the residency requirement for a plaintiff under the Class Proceedings Act (CPA).
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April 30, 2024
Court of Appeal decides sentence ‘demonstrably unfit’ in sex assault
Many criminal defence lawyers think in terms of winning and losing. Yet, sometimes, there is a grey area where either term is inappropriate. The case of R. v. S.W., [2024] O.J. No. 1224 is just such a case.
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April 29, 2024
The honesty and integrity of an applicant for a licence | Sara Blake
How does one determine whether an applicant for a business licence will conduct the business with honesty and integrity?
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April 29, 2024
Silencing the abused: How parental alienation accusations penalize victims | Suzanne Zaccour
Parental alienation theory is built on gendered myths, is not supported by credible science and is impossible to verify or falsify based on objective, science-backed criteria. The National Association of Women and the Law and 250 other feminist organizations in Canada are calling for an end to using this flawed concept in family law.
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April 26, 2024
Military judges are independent; dual role as military officers doesn’t breach Charter: SCC
The inclusion of military judges in the chain of command of the Canadian Armed Forces (CAF) neither raises a reasonable apprehension of bias nor makes military judges insufficiently independent such that their military status breaches CAF members’ 11(d) Charter right to be tried by an independent and impartial tribunal, the Supreme Court of Canada has ruled.
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April 26, 2024
Regulatory changes coming for Ontario lawyers in private practice, sole practitioners
In the name of protecting the public, Ontario’s law society has made it so lawyers in private practice will be required to have a client contingency plan should they unexpectedly have to stop providing legal services, and new sole practitioners will face possible suspension for not completing a “practice essentials course.”
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April 25, 2024
Might courts be partly to blame for court backlog?
The backlog in Ontario’s criminal courts has received much publicity. Recently, two high-profile cases have been stayed because there is a shortage of Superior Court judges available to reduce the strain now apparent in the criminal justice system.