Qannik and her mother Blanche
Continue readingAuthor: James C Morton
Morton's Musings: Invade Syria?
Yesterday I noted the continuing unrest in Syria and rhetorically (and ironically) asked if foreign forces might take “police action” to protect civilians as in Libya. To my surprise that very suggestion was then made (granted obliquely) in the New Yor…
Continue readingMorton's Musings: No presumption of possession because of tenancy or occupancy
R. v. Watson, 2011 ONCA 437 is a very clear statement that there is no presumption of possession because of tenancy or occupancy. Specifically, mere occupation of premises does not lead to a presumption of knowledge of what is in those premises….
Continue readingMorton's Musings: Charges withdrawn this morning in Oshawa against Tammy Marquardt
One is forced to wonder how many other people are wrongfully convicted based on flawed testimony — where the flaws are never uncovered. Remember, in Canada for ever 100 adults who plead not guilty there are over 96 convictions. The customary result …
Continue readingMorton's Musings: Syria to deal "decisively" with the deaths of 120 security personnel in the northern town of Jisr al-Shughour
Perhaps we will see foreign forces intervene in Syria to protect civilians — as in Libya? (In case it's not obvious, this comment is made as heavy irony)http://bbc.in/kW6S0K "Later, a statement published on one of the Syrian uprising's m…
Continue readingMorton's Musings: D-Day — a day to remember
The operation was the largest amphibious invasion in world history, with over 160,000 troops landing on 6 June 1944. 195,700 Allied naval and merchant navy personnel in over 5,000ships were involved. The invasion required the transport of soldiers an…
Continue readingMorton's Musings: Hassan Diab: Canada allows bomb suspect’s extradition
A Canadian judge has approved the extradition to France of a man charged in a deadly 1980 bombing outside a Paris synagogue.http://www.bbc.co.uk/news/world-us-canada-13671315Mr Diab, who was arrested in 2008, says he was not in Paris at the time of the…
Continue readingMorton's Musings: Statements compelled under provincial highway legislation are not admissible in a criminal trial
R. v. Soules, 2011 ONCA 429, released this morning, holds that compelled statements are not admissible against their maker in a criminal trial: [40] In Powers, the majority referred to Orbanski/Elias and held that White was determinative…
Continue readingMorton's Musings: Sentence reduced (very slightly) for immigration reasons
R. v. Duhra, 2011 ABCA 165 is another decision in which an appeal court reduced a sentence imposed at the trial level because of the immigration consequences of such sentence. Although no issue was taken with the fitness of sentence at tria…
Continue readingMorton's Musings: Mootness
R. v. K.G.S., 2011 NUCA 01 deals with a situation where a custodial sentence was appealed but the matter came before the Court only after the sentence was served. The Court found the matter was moot and declined to determine the issue. …
Continue readingMorton's Musings: The NDP were probably better at fiscal management
http://bit.ly/lkkmoS
"Hard spending decisions have never been a hallmark of Mr. Harper's governments, which have cut taxes, dramatically increased the number of civil servants, driven up spending, eliminated the surplus and produced big defi…
Continue readingMorton's Musings: Brigette DePape was wrong
Not that I do not sympathize with her sentiment.
But there is a time and a place for protest — and such time and place is determined by what is effective.
The dreadful recent protest of a young man who burned himself alive in North Africa was terr…
Continue readingMorton's Musings: Corbett applications should usually be allowed
R. v. Lindsey, 2011 ONCA 420 is a good illustration that Corbett applications should generally be allowed and the prior record of the accused redacted. Here the Court declined to redact on the basis so to do would leave an unbalanced impression on the …
Continue readingMorton's Musings: It’s the steady, quiet, plodding ones who win in the lifelong race.
Robert William Service, Canadian poet
Continue readingMorton's Musings: Global warming and Canadian cities
If there is a long term increase in temperature it will make a huge difference to Canada. Growing seasons will increase, usable land will expand and water patterns will change.http://www.theglobeandmail.com/news/politics/hot-enough-for-you-preparing-fo…
Continue readingMorton's Musings: Being tough means looking straight at something ugly, and saying, ‘That’s ugly; I’ll have to find a way to deal with it’. And doing so.
Robert B. Parker
Continue readingMorton's Musings: Retiring Liberal MPP Bruce Crozier dead
Sad news:Premier Dalton McGuinty announced Crozier's passing early Saturday. He died Friday night of an aortic aneurysm in a Windsor hospital.The affable Essex MPP was known for his bow ties and, as deputy speaker, his devotion to parliamentary pro…
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