James C Morton
Removing a judge for conflict
Bailey v. Barbour, 2012 ONCA 325 deals with when a judge must recuse themselves because of conflict. The issue is a difficult one. Parties will, on occasion, seek to remove a judicial officer…
Sikhs’ ceremonial daggers now allowed in Toronto courthouses
http://www.thestar.com/mobile/NEWS/article/1179301 Toronto has become the first city in Canada to develop a formal policy allowing Sikhs to bring their ceremonial daggers into its courthouses. The kirpan, which is a…
Criminal jury decisions not mere majority rule
R. v. Vivian, 2012 ONCA 324 is a good source for the principle that a judge must be scrupulous not to suggest a juror should be swayed by mere numbers to change her…
Corroboration
Corroboration is rarely required under Canadian law today. However, if a witnesses is tainted some confirmatory evidence of their testimony is valuable. Today’s decision in R. v. K.M., 2012 ONCA…
Morton’s Musings 2012-05-16 07:38:00
“We must vigilantly stand on guard within our own borders for human rights and fundamental freedoms which are our proud heritage……we cannot take for granted the continuance and maintenance of…
Can Paralegals sit before the Bar in Court?
Historically being called 'to the Bar' means you can sit before the Bar in a Courtroom. Queen's Counsel — those remaining — sit within the Bar, slightly closer to the…
Byron Sonne acquitted
Toronto G20 protester Byron Sonne walked out of a downtown courthouse a free man Tuesday, tearing up his bail papers after he was cleared of possessing explosives and counselling mischief…
Limitation Periods a Shield and not a Sword
Radonna Investments Ltd. v. Rubin, 2012 ONCA 321 expressly upholds an earlier decision of the Superior Court which is a useful statement that a limitation period is a shield and…
Askov Apocalypse
R. v. McBride 2012 ONCJ 121: "The problem of adding continuing trials to already full lists is reaching crisis proportions in this jurisdiction. To put it bluntly, we are about…
Corbett applications not to mislead by omission
R. v. Charbonneau, 2012 ONCA 314 is an interesting decision because it makes clear that where a Corbett application is granted it is not to mislead the jury as to…
A New Inuktitut Bible
Nunavut is a deeply religious — on Sundays the Territory is completely at rest, especially in the hamlets. This is a big event for Nunavut and Inuit everywhere: http://news.nationalpost.com/2012/05/13/inuit-language-bible-finished-after-34-year-project/ After…
Rafferty Trial: Justice Heeney did a fine job in an extraordinarily difficult case
It certainly is true that Michael Rafferty’s internet searches show him to be a monstrous individual – indeed, they suggest a host of other offences beyond those of the brutal…
Crown versus defence resources
In today's Globe Dirk Derstine comments — perhaps it did not make a difference in Rafferty but how many accused are convicted, wrongfully (?), because there were not the resources…
Contractual interpretation in context
Hundley v. Garnier, 2012 BCCA 199 is a useful decision dealing with use for context in interpretation of instruments: The importance of considering surrounding circumstances is…