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Thursday, September 07, 2023 @ 1:36 PM - Last Updated: Friday, September 08, 2023 @ 4:45 PM

Tribunal’s ‘good character’ decision ‘black mark’ on profession, lawyer says; LSO appeals

The Law Society of Ontario’s (LSO) appeal of a Law Society Tribunal decision casts into the spotlight the need for lawyers to be of “good character.” The tribunal’s decision, which determined that a man who admitted to sexually abusing minors was of “good character,” granting his application for an L1 licence, is a “black mark” on the profession, a lawyer stressed. ... [read more]

Thursday, September 07, 2023 @ 10:51 AM

Ontario Court of Appeal decision underscores issues with difficult clients, self-representation Brick Wall

Every criminal defence lawyer can recall having a difficult client. The recently released judgment of the Ontario Court of Appeal in R. v. Ilunga 2023 ONCA 471 is important to review, not so much for its analysis of legal principles but more on the advice the court gives to counsel to better protect themselves. ... [read more]

Thursday, September 07, 2023 @ 10:48 AM

Trans women in federal custody: We know the headlines, but what are the facts? | Amy Matychuk

Out of roughly 14,000 individuals in federal correctional institutions in Canada, about 80 (or around 0.5 per cent) are transgender. About 60 are trans women and about 20 are trans men. ... [read more]

Thursday, September 07, 2023 @ 6:19 AM

EVIDENCE - Burden and standard of proof - Regarding defences - Shifting burden

Appeal by Ilunga from his conviction for sexual assault and non-compliance of probation order. He argued that the trial judge erred in shifting the burden of proof to him, in providing insufficient reasons, and that he received ineffective assistance from his trial counsel. The appellant had a group of people in his apartment including the complainant and LM. The complainant testified that while she was in the apartment, the appellant, without her consent, sexually assaulted her. ... [read more]

Wednesday, September 06, 2023 @ 12:51 PM

Ottawa consults Black Canadians, legal support groups on ending anti-Black racism in justice system

With a view to ending the criminal justice system’s systemic discrimination and overrepresentation of Black people, both as accused and as victims, the federal Department of Justice (DOJ) has begun online and in-person consultations asking Black people and their communities — as well as representatives of organizations that provide justice-related services and supports to Black communities — their views on developing Canada’s “Black Justice Strategy.” ... [read more]

Wednesday, September 06, 2023 @ 12:07 PM

Quebec appellate decision underlines need to implement robust workplace safety measures: experts Amissi Manirabona

An appeal by a Quebec City company that was found guilty of criminal negligence causing the death of one of its workers was dismissed by the Quebec Court of Appeal in a “very important” decision that may spur law enforcement officials and Crown prosecutors across the country to be more aggressive and hold to account organizations and decision-makers for workplace deaths, according to legal experts. ... [read more]

Wednesday, September 06, 2023 @ 10:26 AM

Decision illustrates Canadian McDonaldization of corrections Twin towers

Most criminologists would accept the notion that the function of Canada’s correctional system is rehabilitation. But when is time to give up and find that some offenders cannot be rehabilitated? It is a common phrase at Parole Board of Canada hearings: “The best predictor of future behaviour is past behaviour.” When is it time to admit that some criminals are not salvageable? In Canada, courts can impose an indeterminate sentence if one is found to be a dangerous offender. ... [read more]

Wednesday, September 06, 2023 @ 9:55 AM

Employer’s guide to terminations in Ontario Chair

While never an ideal outcome, it is crucial for employers to know how to properly navigate the employee’s termination when they occur. Generally speaking, there are two types of employment terminations: termination for cause and termination without cause. This distinction is important, as they require different approaches, and mishandling them can create liabilities and headaches. ... [read more]

Tuesday, September 05, 2023 @ 5:07 PM

[ Legal Wire ] - Canada ranked eighth in world for most client data leaks, study finds

A new study has found that Canadian companies rank among the top 10 in client data leaks, with 200 Canadian firms experiencing data breaches exposing customer data since December 2019. ... [read more]

Tuesday, September 05, 2023 @ 4:45 PM

Ottawa extends tenure, assessments of judicial advisory committees to three years from two Federal Justice MInister Arif Virani

Faced with loud complaints that Ottawa chronically takes too long to fill vacancies on the superior courts, the Liberal government has announced that new members of its 17 judicial advisory committees (JACs) which vet applications for the bench across Canada will serve for three years, rather than two, while the JACs’ evaluations of individual applicants as “highly recommended,” “recommended” and “unable to recommend” for the federal benches are similarly extended to three years from two, as of Aug. 1. ... [read more]