“Bernardo says scrapping the long-gun registry is already a “defining moment” in Canadian people power. “What you’re seeing here, this is democracy in action at its finest,” he said. “Millions…
Salem v. Kourany, 2012 ONCA 102 deals, in passing, with the situation where parties do not put evidence before the Court but merely tell the Court information. Such cannot form…
"Ask yourself this: Should the police be able to get access to the names and addresses of anyone who shows up at a G20 protest? An Occupy* protest? A Stanley…
"That is easily got.""And help.""That is not always so easy." John Openshaw and Holmes, in "The Five Orange Pips"
Czech Republic v. Zajicek, 2012 ONCA 99 deals with allegations of wrongdoing by a State seeking extradition. The Court writes: At his committal hearing, the appellant sought to introduce as evidence a…
One might ask, why did the Crown prosecute the case the way it did? Perhaps all gun crimes will be treated as major even if they are preposterous? Perhaps there…
The mandatory minimum sentence for a first offence of possession of a loaded firearm was struck down by Justice Molloy today in R v Smickle 2012 ONSC 602. I have…
Alexis De Tocqueville; true of modern Canada too
This is not very surprising. Hearsay evidence that is necessary (here the witness is dead and so cannot speak) and reliable (here the police took a formal statement) may be…
Hillsburg Stables Inc. v. Gardiner Roberts LLP, 2012 ONCA 95 deals with a case where counsel obtained a mortgage for fees but did not recommend ILA. Such was an error but did not,…
Chief Mountain v. Canada (A.G.), 2012 BCCA 69 deals with an application to submit a lengthy factum (written legal argument). In giving judgment the British Columbia Court of Appeal explained…
Jews were expelled from England in 1290 by Edward I. Most people, myself included, though Cromwell allowed their re admission as part of his policy toward Jews generally. In fact…
"One of the most powerful moments came at the very start, when Tony Bennett — a longtime supporter of Houston — took the microphone and used her passing to launch…
R. v. D.A.I., 2012 SCC 5 deals with the requirements of s. 16 of the Canada Evidence Act for the testimonial competence of persons of 14 years of age or…
