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The disciplinary body for Canada’s 1,180 superior court judges has announced that it is investigating a Jan. 29 complaint made against Supreme Court of Canada Justice Russell Brown, who Law360 Canada first revealed had been on an unexplained leave of absence from the top court since Feb. 1.
Tuesday, July 04, 2023 @ 3:09 PM
What the Brown matter says about values of senior judiciary | Agnès Whitfield
The Canadian Judicial Council’s continued refusal to make public its five-member review panel report recommending a public hearing into allegations of inappropriate conduct against now former Supreme Court Justice Russell Brown has led to considerable public outcry, and so it should. The nature of the allegations involving unwanted touching and harassment of two women, the lack of transparency at the Canadian Judicial Council and statements by Supreme Court Chief Justice Richard Wagner raise troubling questions about the commitment of our senior judiciary to their proclaimed judicial values of impartiality, integrity and transparency. ... [read more]
Tuesday, July 04, 2023 @ 12:54 PM
Is Yukon appeal denial indicative of larger issue?
Sometimes what a judgment doesn’t say is as important as what is contained in the written words. Take the case of R. v. Penner [2023] Y.J. No. 26. ... [read more]
Friday, June 30, 2023 @ 12:20 PM
SENTENCING - Operation with blood alcohol level over .08 - Prohibition orders - Motor vehicle
Appeal from the New Brunswick Court of Appeal that set aside a judgment of the summary conviction appeal court and varied Basque’s sentence. Basque was charged with a summary conviction impaired driving offence. Basque pleaded guilty and was released from custody under the condition that she would not operate a motor vehicle. Basque spent the period of 21 months that elapsed between her initial appearance and sentencing under a driving prohibition. ... [read more]
Wednesday, June 28, 2023 @ 2:36 PM
Ontario Superior Court decision focuses on search warrant authorization
If a tree falls in the forest and no one is around to hear it, does it make a sound? That’s a question for philosophers. If a drug trafficker hides his narcotics in his home and police have no verifiable proof in advance of a search, should the evidence found be admissible in order to convict? That is a question for the courts. ... [read more]
Wednesday, June 28, 2023 @ 9:06 AM
Implications of Supreme Court’s decision in Deans Knight Income Corp. v. Canada
In a 7-1 decision released on May 26, 2023, the Supreme Court of Canada (SCC) dismissed the taxpayer’s appeal in Deans Knight Income Corp. v. Canada, [2023] S.C.J. No. 16 (Deans Knight), a case dealing with the general anti-avoidance rule (GAAR) in s. 245 of the Income Tax Act (Act). ... [read more]
Tuesday, June 27, 2023 @ 12:00 PM - Last Updated: Tuesday, July 04, 2023 @ 2:10 PM
Does Charter protect ad hominem attacks? | Sam Goldstein
Explaining why his government had passed anti-SLAPP legislation, David Eby, B.C.’s then attorney general, told a radio host: "In this rough and tumble public debate on the issues of the day we don't want people to feel like they have to be too dainty about it, because they're worried, they're going to get sued.” Boy, was he wrong. The Supreme Court of Canada’s decision in the latest anti-SLAPP lawsuit, Hansman v. Neufeld [2023] S.C.J. No. 14, shows how wrong Eby turned out to be. ... [read more]
Tuesday, June 27, 2023 @ 11:04 AM
Jury instruction misstatement leads to successful murder appeal
William Cummins was found guilty of first-degree murder when it was proven that Cummins and two of his friends viciously attacked and beat Zaher Noureddine and unlawfully confined Mitchell Conery, as Noureddine and Conery were walking from a Toronto bar to their car. The incident happened in late December 2015. ... [read more]
Friday, June 23, 2023 @ 11:23 AM
Lametti orders new trial as half-century-old murder conviction is likely a miscarriage of justice
Justice Minister David Lametti has ordered a new trial for two Manitoba men convicted of non-capital murder in 1974, finding after a Department of Justice (DOJ) investigation that “there is a reasonable basis to conclude that a miscarriage of justice likely occurred.” ... [read more]
Thursday, June 22, 2023 @ 4:07 PM
Judges, journalists discuss how interactions can affect judicial independence, rule of law
Lawyers, judges and journalists came together in the nation’s capital to discuss how their separate roles intersect and intertwine when it comes to preserving public support and public understanding of judicial independence and the rule of law. ... [read more]
Thursday, June 22, 2023 @ 12:51 PM
Tribunal Watch Ontario Commentary on McAnsh v. Ontario | Brian Cook
A recent decision of the Ontario Superior Court of Justice, McAnsh v. Ontario 2023 ONSC 3537, has found that governments are free to make decisions about whether an adjudicator appointed to an adjudicative tribunal should be reappointed based entirely on political motives. ... [read more]
