Rafferty Appeal Likely
An appeal is very likely — why not? The situation for the accused will not get any worse and generally speaking there will be legal aid available for an appeal…
James C Morton
Rafferty jury question is suggestive
I wonder — not guilty of murder but guilty of sexual assault? http://www.thestar.com/mobile/NEWS/article/1176836 "The jurors also asked Heeney to clarify a point in his charge whether they could reach a…
Setting aside a noting in default is a discretionary order
1067609 Ontario Inc. (Turner's Garage) v. Schell, 2012 ONCA 310 is a useful source for the principle that the setting aside of a noting in default is discretionary: Setting aside is a…
‘Tough on crime’ is becoming a farce
http://www.nationalpost.com/m/search/Tough+crime+becoming+farce/6603217/story.html?q=tough%20on%20crime How does taxing prisoners' pathetically meager earnings help victims or make streets safer? For six years now, the federal Tories have been getting "tough on crime." Many of the…
Horses and riders with raised hooves — does it mean anything? No
Rumor holds it that one leg lifted means the rider was wounded in battle. Two legs in the air means the rider died and all four hooves on the ground…
Too many gone under the bridge
In summertime, the lazy McIntyre River, a tributary of Lake Superior, is a picturesque waterway that meanders through Thunder Bay’s George Burke Park. An easy canoe paddle will give you…
Causation in homicide: the impugned act must be a "significant contributing cause" of death
R. v. Belisle, 2012 ONCA 303 is a good current source for the test for causation in homicide: A single test – the Smithers test – for causation applies to…
NDP have 34% of popular support, compared to 30% for the Conservatives
The next Federal Election is aways off but this story is important — especially the NDP strength in rural areas. Remember the NDP’s roots — a rural base is not…
Let Him Dangle
Well, it’s hard to imagine it’s the times that have changedWhen there’s a murder in the kitchen that is brutal and strangeIf killing anybody is a terrible crimeWhy does this…
Moral courage is a rarer commodity than bravery in battle or great intelligence.
Yet it is the one essential, vital quality of those who seek to change a world which yields most painfully to change. Ernest Hemingway
Judge’s reasons ought not to consist reproductions of the written arguments of counsel
Fuller Western Rubber Linings Ltd. v Spence Corrosion Services Ltd., 2012 ABCA 137 holds that reasons ought not to consist reproductions of the written arguments of counsel. Such a practice…
Impartiality of expert witnesses
Alfano v. Piersanti, 2012 ONCA 297 is a helpful case dealing with expert witnesses and impartiality. The Court holds: Expert evidence is an exception to the general rule barring opinion…
Federal prisoners will be charged more for room and board
I assume everyone realizes First Nations, Metis and Inuit will be affected most. Regardless it's hard to see how keeping poor prisoners from making phone calls helps rehabilitation. This is…
Oath-helping
R. v. Hariraj, 2012 ONCA 294 deals with oath-helping. Specifically, prior consistent statements (except to disprove recent fabrication or the like) cannot be used to buttress credibility: During the course of her…