James C Morton
Unnecessary complexity of the jury charge can constitute a stand alone basis for the reversal of the verdicts?
R. v. Rowe, 2011 ONCA 753 is an interesting case dealing with the proper treatment of an unsavory witness who is both inculpatory and exculpatory. The case also considers, without finally deciding, if an…
Where the trial judge intends to jump the Crown on sentence the judge should advise counsel and give them the opportunity to make submissions
R. v. Hagen, 2011 ONCA 749 deals with the situation where a judge intends to exceed the sentence sought by the Crown. While in Canada the judge is not bound…
Conservatives admit they’re behind false byelection calls for Liberal MP’s riding
I have a pretty high tolerance for this type of thing; but this really is very very very wrong. Irwin is a decent man and deserves better than this from…
Guest Post from Abe Kass
Protect Your Love For love, you and your partner married each other. Love is the glue that holds the two of you together. Without love, you and your partner will…
It is preferable and more efficient for appeals to await the completion of proceedings in the trial court so that a complete record and disposition is presented on appeal
Sabourin and Sun Group of Companies v. Laiken, 2011 ONCA 757 deals with the general prohibition on allowing appeals until a final decision is made – that is appeal on…
Self-induced intoxication and criminal responsibility
R. v. Bouchard-Lebrun, 2011 SCC 58 was released today. A summary and quotation follows. B brutally assaulted two individuals while he was in a psychotic condition caused by drugs he…
Cost consequences must be made clear to client
Z & Assoc v. Aslan, 2011 ONCA 756 is an assessment case reminding us that clients must be made aware of potential cost consequences and the failure to so remind can…
Questioning on other witness’s testimony
The general rule is that you may not "pit" one witness against another. So questions like "are you surprised that XY said ABC" are generally improper. Such questions are irrelevant…
Maybe the lack of French acronym was intentional?
Never attribute to malice that which is adequately explained by stupidity.Hanlon’s Razor I wonder if the lack of a French acronym for the RCAF is not mere incompetence but is…
Air force’s French name got lost in translation, documents show
There are 1,500 communications staffers on the Federal payroll. Not one though about the French acronym to go alongside the English RCAF. What does that say about this government's view…
I find the great thing in this world is not so much where we stand, as in what direction we are moving
Oliver Wendell Holmes
Nunavut kicks off three-day poverty summit
Premier Eva Aariak wants a plan “that will lead us down a path to a better life” SARAH ROGERS About 50 participants will spend the next three days at Nunavut’s…
Lack of reasonable grounds leads to case falling apart
R. v. Smith, 2011 ONCA 748 is a good example of how an initial error in arrest (and a lack of reasonable grounds) can lead to an entire case falling apart: The…
Canadian Charter of Rights and Freedoms: A very Canadian Constitution
Canadians as a group have a striking level of respect for, and knowledge of, the Canadian Charter of Rights and Freedoms. Earlier today I spoke with a group of young…