Interception of private communications
R. v. Doroslovac, 2012 ONCA 680 summarizes the law relating to the interception of private communications: To take first the obvious. The interception of private communications constitutes a search or…
James C Morton
Rule of Law or Why Bailing Out Jehovah’s Witnesses is OK
Justice Tom Bingham defined the Rule of Law as follows: “The core of the … principle is … that all persons and authorities within the state, whether public or private,…
The Odd Nunavut Connection to Thanksgiving In Canada
The history of Thanksgiving in Canada can be traced back to the 1578 voyage of Martin Frobisher from England in search of the Northwest Passage. In this, his third, voyage…
Syria Turkey clash: Crisis deepens as Turkey fires more retaliatory strikes for fourth consecutive day
It seems the Syrian government has been gaining the upper had in the rebellion recently. Perhaps this is behind the opening of a new front? http://bit.ly/QNwNVp via @MailOnline
U.S. congressman calls evolution, embryology "lies" from "pit of hell"
This would be amusing in a different context; but seriously “embryology”? http://m.youtube.com/watch?v=ZBy3MbP4WDo ATHENS, Ga. — Georgia Rep. Paul Broun said in videotaped remarks that evolution, embryology and the Big Bang…
Religious radicalism: The real danger of cancelling prison chaplains
It seems, despite some minor damage control comments directed at the Jewish community, that the federal government is getting rid of non Christian chaplains in federal prisons. Volunteer chaplains can…
Morton’s Musings 2012-10-05 20:30:00
U.S. proposes ban on polar bear trade A polar bear and her two cubs walk along the shore of Hudson Bay near Churchill, Man., in 2007. (Canadian Press) Related Stories…
HIV cases
“Specifically, today’s decisions said that in order to obtain a conviction for aggravated sexual assault, the Crown must show that an accused person failed to disclose his or her HIV…
Sexual consent vitiated only where misrepresentation leads to a significant risk of serious bodily
R. v. Mabior, 2012 SCC 47 has upheld the test for when consent to sexual activity is vitiated. The Court holds: This Court, in Cuerrier, established that failure to disclose…
The "Death Threat" Internet Scam Continues!
It is clear the original email went to hundreds if not thousands in the legal community — my entire office got it! But I got a follow-up… So I guess…
J Douglas Crane QC tribute dinner
J. Douglas Crane, QC Last night was the J Douglas Crane QC tribute dinner. While Doug continues to be an active lawyer the stories of his years at the Bar…
Non-Christian prison chaplains chopped by Ottawa
Perhaps I am biased but to me this is wrong. Yes, of course a Christian minister can provide spiritual counsel to a Muslim or a Jew; but if one faith…
Leave to appeal from a summary conviction matter where accused acquitted at trial and convicted at first appeal
R. v. MacKay, 2012 ONCA 671 deals with leave to appeal to the Court of Appeal by an accused who was acquitted at trial but convicted on appeal. The Court…