An adjournment sought merely for delay is properly refused
R. v. Phung, 2012 ONCA 720 is a good source for the principle that an adjournment sought merely for delay is properly refused: In our view, the trial judge did…
James C Morton
Status as lawyer aggravating factor in fraud
R. v. McLellan, 2012 ONCA 717 is a current source for the principle that a lawyer will be sentenced more harshly than others if the lawyer uses their professional capacity…
Duty of Crown Counsel
Crown Counsel owes an overarching duty to achieve justice by exercising their power fairly. The classic statement was set out by the Supreme Court of Canada in R v Boucher,…
Sandy looks serious…
It looks like a seriously big storm: New York this morning Story NEW YORK, N.Y. – Hurricane Sandy grounded thousands of flights in the U.S. northeast Monday and upended travel…
Oral reasons need be sufficient
Lizotte v. Arseneault, Bird, LeBlanc et al, 2012 NBCA 89 is a good source for the proposition that oral reasons have to provide sufficient basis for appellant review. Oral reasons…
New hearing date for paralegal decision to be set Nov. 19
Story An application to overturn a Justice of the Peace’s decision banning paralegals from sitting past the bar was adjourned to Nov. 19 to set a new date for the…
Eid Al Adha – "Eid Mubarak!"
Eid al-Adha is an Islamic festival to commemorate the willingness of Ibrahim (also known as Abraham) to follow Allah’s (God’s) command to sacrifice his son Ishmael. Muslims around the world…
Third party suspect defence
R. v. Tehrankari, 2012 ONCA 718 deals with when a third party suspect defence will be allowed: An accused charged with a crime is entitled by way of defence to…
Admissibility of non-expert “recognition evidence” deriving from the examination of a photograph or videotape
R. v. Berhe, 2012 ONCA 716 deals with the admissibility of non-expert “recognition evidence” deriving from the examination of a photograph or videotape. The Court holds: It has long been…
Puppy on subway
WOOFJust four months old and very friendly
"Care and control" and when can the Crown appeal an acquittal at trial
R. v. Boudreault, 2012 SCC 56 deals with two important issues – the meaning of “care and control” in the context of a motor vehicle and when a Crown can…
Photographing and filming police officers in Canada
Here’s an excellent passage from The Canadian Privacy Law Blog: Full Post There is no law in Canada that prevents a member of the public from taking photographs or video…