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The Supreme Court of Canada has for the first time provided guidance for calculating fines when the forfeiture of proceeds of crime is impracticable, ruling 9-0 that courts do not have discretion to reduce such fines to the profit made by an offender rather than imposing the value of the crime proceeds.
Wednesday, June 21, 2023 @ 9:39 AM
Case spotlights anti-Muslim sentiments, sentencing considerations
It is said that tough cases make bad law. Yet sometimes tough cases can make good law. In a well-reasoned judgment in the Ontario Superior Court, Justice Fletcher Dawson applied principles that could have been easily ignored in imposing sentences on the Corhamzic brothers, Janis and Adem. ... [read more]
Tuesday, June 20, 2023 @ 8:04 AM
Decision flags caution with similar act applications
In a recent case, the Ontario Court of Appeal has sent the message to prosecutors that they should not get overly comfortable using similar act evidence to establish identity (R. v. Ali 2023 ONCA 411). ... [read more]
Friday, June 16, 2023 @ 1:43 PM
REFUGEE PROTECTION - Safe Third Country Agreement - Appeals to Court of Appeal or Supreme Court of CanadaAppeal by Appellants from a judgment of the Federal Court of Appeal which set aside a judgment declaring s. 101(1)(e) of the Immigration and Refugee Protection Act (IRPA) and s. 159.3 of the Immigration and Refugee Protection Regulations (IRPR) of no force or effect under s. 52 of the Constitution Act, 1982. ... [read more]
Friday, June 16, 2023 @ 1:11 PM
Crossing lines: Charter meets crime investigation, part three
One of the main defences in the investigation of crimes is entrapment. ... [read more]
Friday, June 16, 2023 @ 11:21 AM
Witnesses for the prosecution?
When counsel at trial asks that a witness be qualified as an expert, it is expected that the witness has knowledge or experience beyond that expected of a layman or that the witness can impart facts that cannot be judicially noticed by a court. ... [read more]
Thursday, June 15, 2023 @ 11:44 AM
When will we ever learn?
“Insanity is doing the same thing over and over and expecting different results.” That quotation, often misattributed to Albert Einstein, is often repeated to discredit the absurdity of reliance on faulty logic or unquestioned acceptance of unverifiable beliefs. ... [read more]
Wednesday, June 14, 2023 @ 2:59 PM
Crossing lines: Charter meets crime investigation, part two
Section 9 of the Charter provides the right against being arbitrarily detained or imprisoned. When an individual is being pulled over by the police, he/she is being detained. Laws authorizing random vehicle stops violate s. 9 because it provides no objective criteria to govern who is detained. ... [read more]
Wednesday, June 14, 2023 @ 2:48 PM - Last Updated: Thursday, June 15, 2023 @ 1:38 PM
Top judge says judicial council working on making ‘opaque’ judicial discipline ‘more transparent’
Amid public concern that the Canadian Judicial Council (CJC) is unduly secretive about the handling and outcome of its investigation of a misconduct complaint against recently resigned Supreme Court of Canada Justice Russell Brown, Chief Justice of Canada Richard Wagner says he has asked a CJC committee of chief justices to devise a new and less restrictive disclosure policy to guide the federal judicial disciplinary body on how and when it should inform the public about its judicial complaint investigations and outcomes. ... [read more]
Tuesday, June 13, 2023 @ 9:00 AM
Crossing lines: Charter meets crime investigation
Our precious Canadian Charter of Rights and Freedoms is the cornerstone of a free and democratic society. The celebratory day for this momentous piece of legislation was April 17 with its 41st anniversary this year. ... [read more]
Monday, June 12, 2023 @ 3:08 PM
Absence of psychological harassment does not preclude constructive dismissal: Quebec Appeal CourtA used truck dealer was ordered to pay its former sales manager nearly $900,000 in severance pay and amounts due from his employment contract after the Quebec Court of Appeal concluded that the appellant was a victim of constructive dismissal in a decision replete with guidance over the application of the burden of proof in cases of disguised dismissal, according to a labour lawyer. ... [read more]
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