James C Morton
Young Offenders Records
The Young Offenders Act provides specific rules about the records related to federal offences. These rules say who keeps the records, where they are kept, who can see them and…
RIM market share in US down to 2%
Research In Motion shares took a substantial step back Tuesday from recent gains, closing down 10 per cent amid a report that BlackBerry's share of the U.S. market has fallen…
Rob Ford: That’s the trouble with mandatory minimum sentences
A few comments have pointed out that Rob Ford would not have been removed from office if the judge had discretion in "sentencing". Good point -- mandatory minimum sentencing means…
Calgary Centre votes: Conservative Joan Crockatt wins byelection
Close but no cigar
Justice Chisvin given reprimand – now that’s over let’s all get back to work
An Ontario judge who set 10 criminal defendants free during a fit of pique was officially reprimanded Monday by the Ontario Judicial Council.The council said it had decided to go…
Should Rob Ford have been removed?
As a legal matter, once the judge found the amounts were material (an arguable point to my mind), the removal was automatic.But that isn't the point -- should a judge…
Crown need not prove motive
R. c. Isiko, 2012 ONCA 819, released today, has an aside that notes the Crown need not prove motive: M. Isiko allègue qu'il n'avait pas de motif pour tuer sa…
Mayor Ford removed! Well, I didn’t see that coming!
Full decision here For the reasons set out above, I have concluded that the respondent contravened s. 5 of the MCIA when he spoke and voted on a matter in…
When a subject becomes totally obsolete we make it a required course
Peter F. Drucker
Further applications for bail pending appeal require a change of circumstances
Tremblay c. R., 2012 QCCA 2073 is a good source for the principle that ince a bail pending appeal application has been refused a further application requires a change in…
Nunavut RCMP charge seven BCC prisoners in wake of jail fires
Three men face charges of arson endangering life and aggravated assaultNUNATSIAQ NEWSHerbert Janes, Willie Ishulutak and Sylvester Tarraq are escorted to an RCMP vehicle after appearing Nov. 23 at the…
Doctrine of misnomer
Wirring v. The Buffalo Group Developments Ltd., 2012 ONCA 810 has a good summary of the doctrine of misnomer, an issue in civil litigation were an amendment of pleadings is…
What is an "included" offence?
An "included" offence is part of the main offence. The main offence must contain the essential elements of the offence said to be included. The included offence must be a…