Criminal
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April 03, 2024
Restraint, denunciation in sentencing: Tabanao revisited
How can one turn seven seconds into seven years? The Ontario Court of Appeal was recently asked to determine if seven seconds of inattentiveness by a driver of a transport truck involved in a fatal collision warranted a penitentiary term of seven years. The case was the appeal of Dunhill Tabanao, a professional driver whose inattentiveness resulted in a motor vehicle collision that killed four people and injured three others (R. v. Tabanao, 2024 ONCA 85).
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April 02, 2024
Make sure defendants are present for all important parts of trial: lawyer
Defendants in criminal court must be present for all important parts of their trial to observe the proceedings and correct any errors, says the lawyer of a permanent resident left absent from an inquiry into whether he was aware of the “immigration consequences” of pleading guilty in a fatal hit-and-run.
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April 02, 2024
#MeToo in legal profession | Stephanie DiGiuseppe, Laura Metcalfe and Sam Puchala
The Toronto Star recently published an article documenting the sexual harassment and violence women experience in the legal profession. The headline was eye-catching — particularly for lawyers who happen to practise in criminal defence. It read in part: “some say the profession needs its ‘me too’ moment.”
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
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March 28, 2024
B.C. files third unexplained wealth order against cryptocurrency company
The B.C. Civil Forfeiture Office has filed its third unexplained wealth order against a cryptocurrency company related to organized crime.
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March 28, 2024
Alberta securities regulator issues market ban after man defrauds investors of $1.6M
The Alberta Securities Commission (ASC) has issued capital market ban orders on an Alberta man who defrauded investors of nearly $1.6 million and was sentenced to seven years in prison by the Alberta Court of King’s Bench.
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March 28, 2024
Bill aims to curb delays, but stakeholders call for more resources
A new bill that seeks to curb delays in the justice system and rein in stays of proceedings will be conferring new powers to the justices of the peace by allowing them to oversee criminal court appearances and bail hearings, a development that has received lukewarm praise by Quebec’s main legal actors who were longing for more monies into the system.
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March 28, 2024
Privacy rights score victory over artists and creators on the Internet
Copyright law is a notoriously difficult balancing act between protecting creators of content and enabling users who are mainly looking to enjoy music, funny pet videos and other content online. That tightrope balancing act has tried to wrest back control of content by creators, but sometimes at the expense of the privacy rights of users, whose credentials are needed in order to identify infringers. However, the latest decision from Canada’s highest court is decidedly tipped in favour of users and their right to privacy, leaving content creators in the dust.
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March 27, 2024
New Brunswick proposing changes to cannabis, vaping laws
New Brunswick is introducing legislative changes in a bid to both stop the illegal sale of pot and prevent vaping by young people. News of the amendments came in two separate news releases — both issued March 26.
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March 27, 2024
How self-represented accused, duty counsel, persuade Ontario Court of Appeal
E.H. was just over 21 years old when his 12-year-old cousin complained that E.H. had sexually abused him. E.H. was convicted of multiple counts of sexual assault, sexual interference and invitation to sexual touching.