Criminal
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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.
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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.