Freedom of Religion
Recent events in the news have raised the issue of religious freedom and specifically the legal implications of religiously focused face covering. The Constitution does give certain rights and freedoms…
James C Morton
Similar Fact Evidence
R. v. Graham, 2015 ONCA 113: Evidence as to an accused’s general disposition or bad character is presumptively inadmissible. This exclusionary rule seeks to guard against the risk of convicting…
Volenti of Voluntary Assumption of Risk
Volenti is a legal doctrine which states that if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are…
Manslaughter sentence
R. v. Magno, 2015 ONCA 111 is an interesting case for manslaughter sentencing. The offender received a global sentence of 12 years, less deadtime, in circumstances where a far higher…
Where a mandatory minimum sentence is valid it fully applies to aboriginal offenders
R. v. Johnson, 2013 ONCA 177: Counsel for Johnson also argues that, given his Aboriginal status the starting point for the sentence, the sentencing floor, should be considered differently. Otherwise,…
Principles of fundamental justice and lawyers’ duty
Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7 is yet another case where the Supreme Court of Canada disapproved of federal legislation — here holding…
Failing to provide necessities of life
R. v. S.J., 2015 ONCA 97: The offence of failing to provide necessaries of life first appeared in 1892 in the first Criminal Code. English 19th century legislation dealing with…
Confirmation of testimony rather than corroboration of same
Language matters a great deal in law. Words are sometimes seen as having almost magical powers — and one word, corroboration, has a troubled history. But that does not mean…
Expert Evidence
Moore v. Getahun, 2015 ONCA 55; Expert evidence is a significant and controversial feature of modern civil litigation. It constitutes an exception to the rule that witnesses may only testify…
Interests of justice to justify appointment of counsel
R. v. VanEindhoven, 2015 NUCA 01: The “interests of justice” condition requires consideration of the following factors:i. the arguable merits of the appeal (the appeal must not be frivolous (R…
Inference of lost eligibility for early release from fact of pre-sentence custody
R. v. Slack, 2015 ONCA 94: Further, the fact of pre-sentence custody is generally sufficient to give rise to an inference that the offender has lost eligibility for parole or…
Is Uniqueness of Land A Requirement for Injunctive Relief?
Since the Supreme Court decision in Semelhago v. Paramadevan, 2 SCR 415 it has been widely accepted that specific performance for the sale of land is not presumed because it…