Criminal

  • April 22, 2024

    Decision delivers ‘beacon of hope’ for bail system | John L. Hill

    Justice Brock Jones handed down a critical and well-reasoned decision in the Ontario Court of Justice on April 12, 2024. The judgment addressed issues such as a “catch and release” policy the Ontario premier attributes to overly lenient justices of the peace (JP) at bail hearings.

  • April 22, 2024

    Alabama IVF ruling: Bad facts make bad law | Abby Hafer

    On Feb. 16 of this year, the Alabama Supreme Court ruled that embryos that are created by in vitro fertilization (IVF) are to be considered children. Since Canadian conservatives have a bad habit of sounding like their southern counterparts, this should worry Canadians. 

  • April 19, 2024

    Paroling lifers | Michael Crowley

    A couple of years ago, I was contacted by Alice Boatwright, an old friend who was writing her third “cosy” mystery, set in an idyllic English village. She wanted my input on the British system of parole, specifically as it might relate to someone who was being paroled back to her home, the location of the murder she had apparently committed.

  • April 19, 2024

    Mystery of bail in Canada | Norman Douglas

    Case 1: Alcoholic steals liquor from local LCBO.

  • April 18, 2024

    Know the rule in Browne v. Dunn or risk losing your jury

    A recent decision of Justice Annette Casullo should be a reminder to trial lawyers at all levels of the importance of knowing the rule in Browne v. Dunn, [1893] J.C.J. No. 5, and making sure it is followed. A failure to follow the rule could result in the jury being struck.

  • April 18, 2024

    Ontario Appeal decision illustrates how Morris principles applied to Husbands case

    The Ontario Court of Appeal recently dismissed a sentence appeal brought by Christopher Husbands (R. v. Husbands, 2024 ONCA 155). To fully understand the background of the case, one should look at the reasons for the sentence of Justice Brian O’Marra imposed in 2019 (R. v. Husbands, 2019 ONSC 6824).

  • April 17, 2024

    DANGEROUS AND LONG-TERM OFFENDERS — Dangerous offender designation — Protection of the public

    Appeal by Jackman from convictions for criminal harassment, uttering threats, and attempted extortion and appeal from indeterminate sentence and designation as dangerous offender. Jackman engaged in a harassment campaign against his former common-law spouse, Jemetz, and her family.

  • April 17, 2024

    Digital solutions through an Indigenous lens | Lawrence Lewis

    In a world where digital transformation shapes every aspect of our lives, the narrative of technological advancement often overlooks the diverse needs and voices of Indigenous communities. But creating digital solutions through an Indigenous lens — combining traditional values through innovative pathways — gives rise to progressive structures that honour cultural significance.

  • April 16, 2024

    Legal aid funding, auto theft crack down and redistribution of judgeships feature in federal budget

    Funding for legal aid to reduce court delays; redistributing “unused” Alberta unified family court posts to other superior courts; and creating new offences and harsher penalties for auto theft are among dozens of justice-related measures proposed in the latest federal budget, which the minority Liberal government says aims to enhance the affordability of shelter, groceries, internet and other necessities for Canadians.

  • April 16, 2024

    Prison: A day in the life | David Dorson

    Let me take you through a day in my life as a prisoner in a medium security assessment unit in a prison in Canada. I spent about three months in this setting. Others’ prison experiences will differ in detail but not in essence, except that it is significantly worse for the 20 per cent of federal prisoners and almost all provincial prisoners who are in maximum security settings. And quite a bit easier for the 20 per cent in minimum security.