James C Morton
Krista Ford apologizes for ‘don’t dress like a whore’ tweet
Rob Ford’s niece said something foolish about sexual assault. She made a mistake – that happens. What’s more interesting is why it happened – I suspect not because she is…
Great work by Canadian (and Chinese) Scientists
Last meal found in stomach of fuzzy dinosaur By Charles Choi Published August 30, 2012 LiveScience Gut contents of the dinosaur Sinocalliopteryx gigas suggest the predator chowed on cat-size feathered…
There is no appeal to the Court of Appeal under the Municipal Conflict of Interest Act
Tuchenhagen v. Mondoux, 2012 ONCA 567 makes clear there is no appeal to the Court of Appeal under the Municipal Conflict of Interest Act: We do not agree with this…
Provocation
R. v. Krasniqi, 2012 ONCA 561 is a good source for the law on provocation: (a) Provocation under s. 232 of the Criminal Code The defence of provocation in s.…
Relief not sought by parties ought not to be imposed by the Court
Sobeski v. Mamo, 2012 ONCA 560 deals with a rather esoteric application of the deemed undertaking rule. In resolving the issue the Court made an important comment regarding relief not…
Challenging a search warrant
Hewlett v. R., 2012 NLTD(G) 117 gives a useful summary of the law relating to search warrant challenges under the Charter: The burden of proof rests with the Applicant who…
An arrest made in the Toronto body parts case
I did not think this would happen. Well good for the various Police Services. It seems like a lot of hard work paid off.
Companies’ Creditors Arrangement Act appeals to be granted rarely
Timminco Limited (Re), 2012 ONCA 552 is a helpful source for the law that CCRA appeals will be granted only sparingly: In the CCAA context, leave to appeal is to…
Judicial discretion and appellate review
Aliant Inc. v. Ellph.com Solutions Inc., 2012 NSCA 89 deals with security for costs. In so doing the Court undertook an extensive examination of the exercise of judicial discretion and…
Harsher criminal justice sanctions had no deterrent effect on recidivism
http://www.publicsafety.gc.ca/res/cor/sum/cprs200205_1-eng.aspx The overall findings showed that harsher criminal justice sanctions had no deterrent effect on recidivism. On the contrary, punishment produced a slight (3%) increase in recidivism. These findings were…
Réveillez-vous!
Michael Ignatieff got slammed for suggesting in a BBC interview that Quebec and the Rest of Canada are almost two separate countries floating towards a breakup (that’s a bit of…
Harper leaves North pledging funds, but social issues remain
I have criticised Stephen Harper (and probably will do so again) but in fairness to him, he has made the North a greater priority than his predecessors; yes, there is…
I know most of the RoC doesn’t care
But a sovereigntist government in Quebec would make running Canada much harder and would hurt the national economy. And doubt it not, if enough referenda are held one will succeed:…