Why democracy is not enough to protect liberty
Preparing for a class this week I was researching the many cases involving freedom of religion and speech arising from persecution of Jehovah’s Witnesses and came across this passage from…
James C Morton
Snow in north Toronto
Melting on landing but still!!!
Ottawa prison investigating allegations that guards ignored woman who gave birth in jail cell
This is a curious story. Many of the media reports seem to be focused on a suggestion the mother should not have been in remand custody at all. But if…
Q. How many Cowans does it take to change a light bulb?
A. None. They are in eternal darkness. (If you don’t get it well, sorry the joke is a secret)
If you intend to claim delay is prejudicial you MUST object to trial delay
R. v. Findlater, 2012 ONCA 685 notes that accepting a trial date without comment may be taken as accepting the date is not problematic or at least not significantly problematic:…
Jihadists join rebels to seize Syrian air defence near Aleppo
If Al-Jazeera says it is a jihadist group then it probably is: Story BEIRUT—A shadowy jihadi group believed to be linked to Al Qaeda fought alongside rebels who seized a…
Commenting on the failure of an accused to testify
R. v Prokofiew 2012 SCC 49 , released today, deals with, among other things, a judge commenting on the failure of an accused to testify. Section 4 (6) of the…
Joe Biden comes out swinging, but Paul Ryan delivers his own blows
In pure political terms it seemed like a draw to me: Story
Q. What kind of man was Boaz before he got married?
A. Ruth-less. Ok, so this requires knowledge of the Book of Ruth
A long habit of not thinking a thing wrong gives it a superficial appearance of being right
Thomas Paine
Too drunk to be found guilty
Note he was convicted of assault — it was only breaking in with intent that didn’t result in conviction: Story A St. John’s man at the centre of a drunken…
Crown must disprove consent in a sexual assault
R. v. J.S., 2012 ONCA 684 contains a useful reminder, often forgotten, that the Crown must disprove consent in a sexual assault prosecution: It is common ground that, in prosecutions…
HIV Transmission As Assault – Transmitting a Sexually Transmitted Disease was an Offence until 1985
There has been a great deal of discussion in the media about the recent Supreme Court of Canada cases on transmission of HIV. What almost everyone ignores, or has forgotten,…
Assessment of accounts
McCarthy Tétrault LLP v. Guberman, 2012 ONCA 679, released today, has clear language upholding the general rule that clients will be given a right to assess a lawyer’s account: The…