James C Morton
As Rome Burns – Smashing Pumpkins
We are the new gods same as the old gods we'll take all your blood and mash it down into mud as Rome burns one by one two by two…
As Rome burns…
The US debt crisis is serious. Yesterday I suggested there might be method but now, on reading the childish insults, I begin to wonder if American lawmakers have collectively lost…
The US debt crisis
Perhaps there is method in this madness? If the US defaults the US Dollar falls. And that means US manufacturing becomes cheaper for foreigners and foreign goods (read China and…
In and of itself, a cheque imposes no obligation on a drawee bank to the payee
Canada Trustco Mortgage Co. v. Canada, 2011 SCC 36, released today, is an important decision dealing with the Bills of Exchange Act and, more generally, banking. The fact that a…
Sentencing judge who intends to go outside joint submission must give an opportunity to respond
R. v. Abel, 2011 NWTCA 4 is a useful source for the principle that when a sentencing judge proposes to give a sentence outside the ranges submitted by counsel she…
Jurisdictional concerns must be raised promptly
BTR Global Opportunity Trading Limited v. RBC Dexia Investor Services Trust, 2011 ONCA 518 deals with the need to assert jurisdictional concerns promptly. The Court holds: &...
Family law/bankruptcy
Schreyer v. Schreyer, 2011 SCC 35 released this morning is a very important family law/bankruptcy decision. A summary follows: The parties married in 1980,…
Scrap the Indian Act?
Christie Blatchford is surely right to say the Indian Act must go; the Act is a relic of a Canada long gone. But merely repealing the Indian Act is not…
The Brain on Trial
The July/August Atlantic has a remarkable article called "The Brain on Trial". The article points out that the concept of the rational actor choosing criminality is almost certainly wrong:"The more…
The Brain on Trial
The July/August Atlantic has a remarkable article called "The Brain on Trial". The article points out that the concept of the rational actor choosing criminality is almost certainly wrong:"The more…
Dad to serve 18 more months for killing daughter’s boyfriend
It does seem like parents are on a killing spree. That said, the sentence of 6 1/2 years globally is within the range for this type of offence. Still, very…
Assault not a lesser and included offence for Conspiracy to Assault
R. v. Shi, 2011 ONCA 515 deals with the issue of "lesser and included" offences. The issue often causes problems. To be clear and offence is "lesser and included" if it must form…
Outrage over Turcotte acquittal is misplaced
BY JAMES MORTON, OTTAWA CITIZEN JULY 12, 2011 Recent cases in Canada and the United States have caused an uproar because parents apparently guilty of murdering their children have been…
Polar bear to be listed as species-at-risk
A lot of arm twisting went on for this: The Canadian Press OTTAWA—The polar bear is finally set to be listed under Canada's species-at-risk legislation. The federal govern...