Can the police enter and search my house?
There's a knock on the door and someone from the police says they want to come in. What are your rights and what can the police lawfully do? Broadly put…
James C Morton
Passing of Justice O’Leary
Mr. Justice Dennis O'Leary has passed away. He was in his 90th year. He had a distinguished career as a litigator both civil and criminal in Hamilton, ran for the…
When does a limitation period commence for a continuing breach of contract?
Pickering Square Inc. v. Trillium College Inc., 2016 ONCA 179: I agree with the motion judge that the proper approach to the calculation of the limitation period in the context…
Not even a band-aid solution
R. v. T.Q., 2016 NUCJ 04 is a troubling case. Here a young man with good prospects for rehabilitation was sentenced to a term of incarceration without treatment because there…
Apprehension of bias
R. v. Nero, 2016 ONCA 160:...bias must be reasonable, held by reasonable and right-minded persons applying themselves to the question and obtaining the required information about it. The test is…
Notice requirements for Charter applications unconstitutional and no applicable where such requirements undermine Charter rights
R. v Kalleo, 2016 CanLII 7716: In circumstances like these there is a right for an in-custody accused to have immediate access to the Canadian Charter of Rights and Freedoms.…
Variation of spousal and child support on the ground evidence not available does not apply where evidence available but not disclosed
Gray v. Rizzi, 2016 ONCA 152: In this case, the trial judge relied on ss. 37(2) and 37(2.1) of the Family Law Act, R.S.O. 1990, c. F.3, which authorize the…
Sentences beyond the "range" can be justified depending on circumstances
R. v. Hawley, 2016 ONCA 143: Parity in the sentencing of similar offenders who have committed similar offences is a recognized principle of sentencing: Criminal Code s. 718.2...
Governor General Vincent Massey fishing for Arctic Char at CamBay in March 1956
MIKAN 4313949 Governor General Vincent Massey fishing for Arctic Char at Cambridge Bay, N.W.T. mars 195Of the Law Societies of Upper Canada and Nunavut
You’re more likely to die as a baby in Nunavut than as a 70-year-old in the rest of the country
http://globalnews.ca/news/2523231/whats-killing-babies-in-canadas-north/?sf21156078=1 The infant mortality rate was 21.40/1,000 live births in 2012. Compare that to Greenland in 2014: Infant mortality rate: 9.42 deaths/1,000 live births male: 10.76 ...
Sentencing and immigration consequences
R. v. Freckleton, 2016 ONCA 130: In sentencing, an offender's individual circumstances must be taken into account. Thus, the fact that the offender faces the collateral consequence of deport...
I need an adjournment!!!
Let's say you have a trial coming up and you realize you're not able to do the trial when scheduled – maybe you need a witness who is away or…
Discretionary Orders and Review
Popack v. Lipszyc, 2016 ONCA 135: The order under appeal is discretionary. Virtually all discretionary orders involve the balancing of competing interests. In most cases, the existence of a discr...
Just because a statement is ruled voluntary does not mean the statement is true
In R. v. Angutimarik (February 15, 2016 NCJ unreported) the Court makes clear that a confession, even if admissible as voluntary, is not necessarily to be taken as true. The…
Intent in Murder
Murder is the intentional killing of another human being. The key is intention – an action that results in the death of another person without intent is homicide and can…
Sexual assault does not require physical contact or even verbal threatening
R. v. Edgar, 2016 ONCA 120: To commit a sexual assault, it was not necessary for the appellant to touch or even verbally threaten the complainant. A person's act or…
Immigration Consequences of Criminal Convictions
I recently went to a fund raising lunch at a Church. The lunch raised funds to help resettle in Canada refugees fleeing from civil unrest in Syria. This event got…