James C Morton
Resistence is futile: Reid Technique in action
R. v. Armishaw, 2011 ONSC 5624 is a good case for considering whether police interrogation techniques can lead to an inadmissible, and factually false, confession: For…
Jobs in Nunavut
There are jobs in Nunavut. And there'll be more jobs as the Baffin iron mine opens, and the associated railway and port are built: http://www.cbc.ca/news/canada/north/story/2012/07/13/north-nunavut-government-restructures.html "A 2010 Auditor General's report…
Sentencing guidelines
Well, I like the idea of sentencing guidelines… (But possession of marijuana should not be criminalised): http://www.nationalpost.com/m/wp/full-comment/blog.html?b=fullcomment.nationalpost.com/2012/07/13/chris-selleys-full-pundit-how-to-honour-a-canadian-communist "James Morton, writing in the National Post, 2012/07/13/james-morton-crime-and-sensible-punishment-for-firearms-trafficking that a three-year mandatory minimum…
Roadside stop is a detention
R. v. MacDonald, 2012 ONCA 495 is a good source for the proposition a roadside stop is a detention: The case law makes it clear that a roadside stop of a vehicle…
Bell Mobility – Creative Incompetence
As my readers know, a few weeks ago I ordered an Iqaluit telephone from Bell Mobility. Ignoring the fact I was to have the phone in a few days and…
Morton’s Musings 2012-07-13 07:26:00
Crime and sensible punishment for firearms trafficking James Morton, Special to National Post Story here Lionel Bonaventure/AFP/Getty Images A Colt .45 caliber, the type of weapon Christopher Lewis was caught…
Plastic bills: Spend them before they melt
Honestly, you have to be pretty dumb to put plastic currency on a toaster oven. Seriously, it's made of plastic — it'll melt. (Unlike the old paper money that would…
What is reasonable and fair?
Henricks-Hunter v. 814888 Ontario Inc. (Phoenix Concert Theatre), 2012 ONCA 496 deals with section 24 provides that a court may enforce a fee agreement if it is “in all respects…
Important copyright decision just released
(Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012 SCC 37 was just released. Basically the Court holds that a teacher copying for students is not thereby excluded from the…
It was fifty years ago today…
The Rolling Stones began to play… Wow — forget that Pepper Band, the Stones today celebrate 50 years… . They played their very first gig at 165 Oxford Street in…
Creation of new Department of Family Services for Nunavut
The Government of Nunavut has laid out details of a major government restructuring next year, including the creation of a new Department of Family Services. This is a major development…
Work spares us from three evils: boredom, vice, and need: Voltaire
I don't agree totally. Maybe vice and need but certainly not boredom!
Liability of employees for torts related to employment
Lobo v. Carleton University, 2012 ONCA 498 is a useful source of the law regarding liability of employees for torts connected to their employment: We would not give effect to this submission. …
Truth in Sentencing Act changes to sentencing apply only to matters where the offence took place after the amendment
In R. v. Serdyuk A.J. No. 673 the Alberta Court of Appeal holds the Truth in Sentencing Act changes to sentencing apply only to matters where the offence took place…
Context is everything
Greater Essex County District School Board v. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 552, 2012 ONCA 482…