Absent a statutory provision, no court has any jurisdiction to entertain an appeal
R. v. R.V.F., 2011 NSCA 71 deals with a case where the Crown failed to elect expressly as to summary or indictable procedure in a youth matter. In dealing with…
James C Morton
E-voting
Who will benefit? The people who vote now tend be older and more conservative. E-voting will increase the voting rate of youth and more progressive voters.
Local Imam charged with sexual assaults
The story is a sad one and I am not setting out the details here -- it may be that the Imam is not guilty. The reason I highlight the…
No defence in admitting illegal drugs but not specific narcotic
R. v. Rai, 2011 BCCA 341 deals with a situation where an accused agrees that he was involved with some type of illegal drug but denies the specific narcotic. That…
Cash-strapped Ford off to Queen’s Park
If we accept shrinking government -- that is radically cutting services -- it is possible to cut taxes and have a balanced budget. The trouble is Mayor Ford wanted to…
Cost awards must be given on a principled basis
Toronto Star Newspapers Ltd. v. Fraleigh, 2011 ONCA 555, released today online, is a useful decision relating to when elevated costs are appropriate. The Court held: In determinin...
Provincial election
It seems the Liberals and Conservatives are now tied. That's an impressive shift, especially as the trend lines are in favour of the Liberals. But but but the election is…
Test for non-suit
R. v. Arnold, 2011 PECA 15 deals with the test for non-suit in criminal and quasi-criminal matters. In effect the court asks 'could a trier of fact properly convict?'. More…
Let’s talk to, instead of shouting at, the Conservative government
Today's news has been filled with the open dispute between the Conservative government and the Canadian Bar Association. The CBA has passed a number of resolutions deploring the Conservatives' justice…
This is another paradox: what is soft is strong
Water is fluid, soft, and yielding. But water will wear away rock, which is rigid and cannot yield. As a rule, whatever is fluid, soft, and yielding will overcome whatever…
Remembering Randy Echlin
Only today I learned of the death of Justice Randy Echlin, a judge of the Ontario Superior Court. He had been fighting cancer for nearly two years and when I…
Silence is golden. People have a strange inclination to admit doing things they haven’t done
http://www.justicedenied.org/false.htm http://www.scientificamerican.com/podcast/episode.cfm?id=when-an-innocent-confesses-to-a-cri-09-01-27 http://www.nytimes.com/2010/09/14/us/14confess.html http://www.innocenceproject.org...
Conservatives threaten lawsuit against asbestos widow
Sometimes I tell clients not to sue, especially in libel cases, because winning will be more costly than just overlooking the slight. The CPC has a right to protect its…
Clement steered G8 funding in riding, documents show
It's enough to make one cynical -- maybe power does corrupt? thestar.com http://bit.ly/qbLvgE OTTAWA—Tony Clement personally presided over the $50 million G8 legacy payouts, funneling requests for taxpayer-funded projects…