James C Morton
The Bail System’s Not Broken
Christopher Husbands, who is charged with one count of first-degree murder and six counts of attempted murder in the Toronto Eaton Centre shooting, was on bail for sexual assault at…
Dangerous driving and fault
R. v. Roy, 2012 SCC 26 considers the fault component of a charge of dangerous driving: Dangerous driving causing death is…
A classic image
Flocke
Shabbiha militiamen appear to be off the leash, targeting Sunni civilians regardless of their part in the uprising
It's not obvious al-Assad will be forced from power. He may survive, albeit on a mountain of corpses. Clearly that's his gamble although he may have lost control of his…
State of mind and narrative exceptions to hearsay rule inappropriate unless relevant
R. v. Lewis, 2012 ONCA 388 deals with commonly used exceptions to the ban on hearsay evidence – state of mind and narrative. The Court makes the point that if the 'state of…
Contempt provisions of the Rules are not inconsistent with a Criminal Code charge of disobeying court order
R. v. Gibbons, 2012 SCC 28 holds a the contempt provisions of the Rules are not such as to bar the application of a Criminal Code charge of disobeying a…
Rasmussen and the Shaman
“We do not believe, we fear” http://www.nunatsiaqonline.ca/stories/article/65674taissumani_nov._11/ As a folklorist, Rasmussen was particularly interested in the rules and taboos which regulated almost every significant aspect of Iglulik Inuit life. Shaman…
Rocco Rossi: The human cost of the eurozone crisis
Blaming workers for being greedy or selfish only goes so far. Wanting fair wages for honest work is not wrong. The workers at GM in Oshawa wanted a decent living;…
Bailing out a friend; not a trivial matter
Early one morning your phone rings and it's a lawyer calling from Court. A friend of yours was arrested the night before and the lawyer is asking whether you can…
A joint sentencing submission should not be departed from unless it is contrary to the public interest and would bring the administration of justice into disrepute
R. v. Lazo, 2012 ONCA 389 has a useful statement about joint submissions as to sentence especially in drug cases: A joint submission should not be departed from unless it is contrary…
The "Plain View" Doctrine
R. v. Atkinson, 2012 ONCA 380 gives a good restatement of the law relating to the “plain view” doctrine in the context of searches: (iv) The “Plain View” Doctrine The…
Banning plastic shopping bags: How about some notice of major legislative initiatives? Process? City bylaws aren’t the Game of Life
Whatever the merits of banning single use plastic shopping bags (and there seem to be some), banning the use of such bags is a major legislative change for the City…
Toronto city council votes to ban plastic shopping bags
Toronto city council has voted to ban plastic bags as of the beginning of next year. The 24-20 vote came after a push by Mayor Rob Ford to overturn the…
Technology – Saving Paper for Once
I have a matter out of town in a couple of weeks. There is about 75,000 pages of disclosure. Seriously 75,000 pages. I was dreading carrying the file and thought,…
Liberals Call for a Moment of Silence in Memory of the 11 Murdered Athletes and Coaches at the 1972 Munich Games
OTTAWA– Liberal Justice and Human Rights critic Irwin Cotler is calling on all parties to adopt a Liberal motion in the House of Commons to request that a moment of…