Criminal
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April 05, 2024
SCC rules ‘fraud exception’ bars Canadian bank from making payment demanded under letter of credit
Elaborating on the “fraud exception” to a bank’s obligation to pay on demand under a letter of credit, the Supreme Court of Canada has affirmed 7-2 that a Canadian bank was required to refuse payment to a letter of credit beneficiary due to a third party’s fraudulent behaviour, which was also attributable to the beneficiary.
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April 05, 2024
Jewish community challenges Ottawa’s ‘grotesque’ decision to resume funding UNRWA’s aid in Gaza
Jewish Canadians have asked the Federal Court to quash Ottawa’s decision last month to reinstate funding to UNRWA, the largest humanitarian relief agency in the Gaza Strip, alleging that the federal government’s “unreasonable” decision “flies in the face of Canada’s own anti-terrorism provisions” and “Canadian values” in light of UNRWA’s track record of anti-Jewish and anti-Israel activities and evidence that some UNRWA workers took part in the Hamas-led terror attacks in Israel last October.
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April 05, 2024
Nexus between tax evasion and money laundering
Tax evasion and money laundering are two interconnected criminal activities that have a significant impact on the global economy. Both involve the deliberate manipulation of financial transactions to avoid detection, regulation or legal consequences. This essay will explore the nexus between tax evasion and money laundering, examining the ways in which these two activities are interconnected and the implications of this relationship for society.
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April 05, 2024
P.E.I. increases legal aid eligibility thresholds
In a bid to boost access to justice for struggling residents, Prince Edward Island is raising its thresholds for legal aid eligibility. On March 28, P.E.I.’s government announced that the annual income thresholds would increase to match “market basket measure” (MBM), a move it hopes will “more fairly represent the economic landscape and improve access to justice across the Island.”
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April 04, 2024
B.C. government says proposed Police Act amendments will pave the way for comprehensive reform
Proposed changes to municipal police governance and oversight are set to pave the way for police reform in British Columbia, according to the Ministry of Public Safety and Solicitor General.
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April 04, 2024
SENTENCING — Sexual assault — Aboriginal offenders — Sexual offences against children — Effect on victim
Appeal by Elson from conviction of sexually assaulting a 13-year-old complainant and appeal from sentence of five-years’ imprisonment. Elson was 31 years of age when he had non-consensual intercourse with the complainant in his camper trailer.
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April 04, 2024
Five judges appointed to Ontario Court of Justice
A provincial bulletin announced the appointment of five new judges to the Ontario Court of Justice, effective April 11, 2024.
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April 04, 2024
Did Newfoundland Appeal court miss opportunity?
Lawyers who practise prison law can readily identify cases where an offender’s offence cycle is directly attributable to unresolved childhood trauma. The psychological impact of mistreatment of children and their later acting out is well demonstrated.
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April 03, 2024
Police recover 598 stolen vehicles worth over $35M set for illegal export
The Ontario Provincial Police (OPP) and the Canada Border Services Agency (CBSA) have announced the recovery of 598 vehicles that were to be illegally exported from the Port of Montreal. The vehicles were recovered in the midst of a rash of recent vehicle crimes, including carjackings and home invasions.
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April 03, 2024
Exceptional application asks SCC to reconsider case of Canadians in Northeast Syria | Alex Neve
The prohibition on arbitrary arrest and detention is cornerstone to the rule of law, protected by such safeguards as the obligation to charge anyone who is deprived of their liberty with a recognized offence, provide them with a means to lawfully challenge their imprisonment and guarantee that they will face a prompt, fair trial at which they will be able to defend themselves.