James C Morton
International justice, above all, remains justice for criminals from defeated states or those too weak to deny jurisdiction
Michael Ignatieff in the current New York Review
We learn the defence in the Tori Stafford murder
As a defence goes it's probably as good as it gets; it deals with the facts that cannot be denied and it could be true. McClintic is such an incredible…
A Gladue report is an indispensable sentencing tool to be provided at a sentencing hearing for an Aboriginal offender and it is also indispensable to a judge
R. v. Ipeelee, 2012 SCC 13 dealing with sentencing of Aboriginal offenders was released today. The case is of great importance for any counsel dealing with criminal matters. The central issue…
Similar fact evidence and collusion
Similar fact evidence is always somewhat problematic. Generally an accused is on trial for what the individual is charged with and not other events. As a result, similar fact evidence…
Air Canada ground crew sent back to work after wildcat strike causes flight chaos
Hmmn, WestJet and Porter look better and better: http://natpo.st/GISJe6
Parliament, not judges, should decide
Once again judges have been called in to decide social policy. On Monday, the Ontario Court of Appeal will decide whether a Superior Court decision that effectively legalized brothels is…
Stay pending appeal
Rule 63.02 (1) provides: An interlocutory or final order may be stayed on such terms as are just, (a) by an order of the court whose decision is to be…
Siku — Polar Bear cam!
http://www.polarbearcam.com/
Signs show Harper Conservatives’ popularity beginning to slip
I'm not completely convinced these poll numbers are right. That said, governments are not defeated by others, they defeat themselves: http://natpo.st/GRFeID "The Environics poll had the Conservatives and NDP tied…
From the witness stand, under cross-examination, the confessed murderess in the slaying of 8-year-old Tori Stafford grants that, yes, she’d been prone to outbursts of temper: “I would agree I had anger issues.’’
If it wasn't tragic this would be funny. "Anger issues"! Talk about evading responsibility — it reminds one of the Japanese Emperor suggesting the Second World War had not unfolded…
Proper use of prior consistent statements at trial
R. v. J.A.T., 2012 ONCA 177 is almost a course in evidence. In allowing an appeal Justice Watt reviews many areas of evidence law — one is the proper (but limited) use of…
Supreme Court this morning: "lawyers should not be expected to behave like verbal eunuchs. They not only have a right to speak their minds freely, they arguably have a duty to do so. But they are constrained …to do so with dignified restraint"
Doré v. Barreau du Québec 2012 SCC 12 deals with the right of lawyers to express themselves freely but their duty to use that right of expression in a professional…
Prostitution case Monday: who should decide social policy?
Whether the ancillary offences related to prostitution should be legalized is not really the issue. The question is who should decide these matters. We have a panel of truly brilliant…
Poll: CPC 30%, NDP 30%, LPC 20%
I'm not crazy about the numbers but one thing is sure — the Conservatives have dropped at least ten points: John Ibbitson – The Globe and Mail http://bit.ly/GFTNwn The New…
Landmark ruling on prostitution laws coming Monday
I predict: overruled: http://bit.ly/GJnlJ2
Jury verdicts seldom to be overturned as being perverse
Simao v. Hankook Ilbo, 2012 ONCA 175 deals with when a civil jury verdict may be overturned as being perverse. The Court makes the high threshold for such finding very…