A new jail in Nunavut
Another jail opened in Nunavut last week. It is long overdue – the existing facility in Iqaluit, Baffin Correctional Centre is, as Justice Mahar of the Nunavut Court of Justice…
James C Morton
Crown must take aboriginal status into account when considering filing notice mandating mandatory minim sentence in impaired driving matters
R v Anderson 2013 NLCA 2 holds that the Crown breached s. 7 of the Charter in failing to take the offender’s aboriginal status into account when filing notice mandating…
Oy it’s Oickle!
R. v. Oickle, 2000 SCC 38 holds a court considering the common law confession rule: must consider whether the police made any threats or promises. The Supreme Court states that…
Judge must answer jury questions promptly and before verdict
R. v. Ellis, 2013 ONCA 9 holds that, when a jury asks a question normally that question should be addressed promptly and before a verdict is accepted.
Who is Metis?
Some media are suggesting the recent federal decision that Metis are to be considered as Indian for constitutional purposes will lead to an open ended free for all where people…
Material variation rule does not apply where contracted out
Fifth Third Bank v. O’Brien, 2013 ONCA 5 holds the material variation rule vacating a guarantee does not apply where the contracts supporting the guarantee contracts out of the rule.…
Rule against multiple convictions applies to regulatory matters
R. v. Ralph, 2013 NLCA 1 is a source for the principle that the rule against multiple convictions applies to regulatory matters: The rule against multiple convictions was set out…
There is a method here — it is not merely being churlish
Attawapiskat Chief Theresa Spence says she won’t attend Friday’s “working meeting” between First Nations chiefs and Prime Minister Stephen Harper, because the presence of Gov. Gen. David Johnston is “integral”…
You can’t fix stupid… .
Traffic Camera A man was driving when he saw the flash of a traffic camera. He figured that his picture had been taken for exceeding the limit, even though he…
Quebec judges accused of buying drugs
If judges are buying drugs what does that say about the law; what does it say about judges??? Story The Canadian Judicial Council announced Tuesday it is reviewing the conduct…
What does Idle No More portend?
There are wo possibilities – Idle No More means not a whole lot or is the beginning of a national awakening of a slumbering giant. It is possible that the…