Morton's Musings: Unnecessary complexity of the jury charge can constitute a stand alone basis for the reversal of the verdicts?

R. v. Rowe, 2011 ONCA 753 is an interesting case dealing with the proper treatment of an unsavory witness who is both inculpatory and exculpatory. The case also considers, without finally deciding, if an overly complex jury charge can ground an appeal. The Court holds simpler and more direct charges are necessary. Quaere —

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Morton's Musings: Where the trial judge intends to jump the Crown on sentence the judge should advise counsel and give them the opportunity to make submissions

R. v. Hagen, 2011 ONCA 749 deals with the situation where a judge intends to exceed the sentence sought by the Crown.  While in Canada the judge is not bound by sentencing submissions, the caselaw is clear those submissions ought to be given considerable weight.  The Court holds: [3]              The appellant

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Resources re: Attawapiskat

Trying to sort through the muck the HarperCons are spinning around the humanitarian crisis on the Attawapiskat First Nation and First Nations communities across the country?  Well, here are two important resources. The first is a blog, âpihtawikosisân, in which the writer unravels the HarperCons’ racist spin, including a breakdown of

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