Adjournment because of the absence of witnesses
The test to adjourn a trial because of the absence of a witness or witnesses is set out in Darville v. The Queen, SCJ No. 82. Unfortunately Darville is getting…
James C Morton
Agreed facts on a plea may be admissible as KGB statements in other proceedings
R. v. Kanagalingam, 2014 ONCA 727: As I have said, a new trial is necessary based on the Vetrovecground of appeal. Strictly speaking, therefore, it is not necessary to deal…
Police falsehood may lead to witness exclusion
For a statement by an accused to a person in authority to be admissible the statement must be voluntary. What if the police mislead an accused? That may eliminate voluntariness.…
Private prosecution maybe stayed without review save for proved abuse of process
R. v. Olumide, 2014 ONCA 712: Section 579 of the Criminal Code gives the Attorney General the authority to direct a stay of proceedings at any time. The discretion to…
Criminal wiretap evidence can be produceable in civil matters
Imperial Oilv. Jacques, 2014 SCC 66: A party to a civil proceeding can request the disclosure of recordings of private communications intercepted by the state in the course of a…
The Lonesome Death of Hattie Carroll
For people of a certain age and background Bob Dylan’s early song “The Lonesome Death of Hattie Carroll” (1963) is life altering. It tells of a wealthy man who kills…
Appeal route determined by entire Order and not merely parts appealed
The route an appeal takes depends critically on the nature of the order appealed. So appeals may, or may not, go to Divisional Court depending on whether they are for…
A threat of violence is a form of violence
R. v. Steele, 2014 SCC 61, perhaps surprisingly, holds a threat of violence is violence: …a threat of violence is itself a form of violence …
An annoyed judge may disqualify themselves
Cabana v. Newfoundland and Labrador, 2014 NLCA 34 : The manner in which a judge conducts a hearing may result in a reasonable apprehension of bias disqualifying the judge from…
Orphan polar bear cubs arrive at Winnipeg zoo
Orphan polar bear cubs arrive at Winnipeg zoo
Treatment orders for accused cannot be made without consent of treating professionals
R. v. Conception, 2014 SCC 60: A treatment order regime in Part XX.1 of the Criminal Code is intended to bring mentally ill accused persons to the cognitive threshold required…
Enough is enough
Wallace v. Crate’s Marine Sales Ltd., 2014 ONCA 671: There comes a time, in short, when enough is enough, and the civil justice system will no longer tolerate inordinate and…
BAIL AND THE PRESUMPTION OF INNOCENCE
R. v. Akana, 2009 NUCJ 18: Ms. Akana is presumed by the law to be innocent of these charges. This principle is protected by the Canadian Charter of Rights and…
A motion for non-suit may be denied where plaintiff self-represented even if it would be allowed were counsel acting
Luhowy v Government of Nunavut, 2013 NUCJ 21 While self-represented litigants are expected to inform themselves of the Rules, the Court cannot in good conscience hold such parties to the…
Gladue Factors
Aboriginal over-representation is one of the most documented trends in the Canadian criminal justice system. The over-representation of Aboriginal peoples has been addressed by section 718.2(e) of the Criminal Code…