Seriousness of Charter breach
R. v. Cunsolo, 2014 ONCA 364: In considering the seriousness of the Charter-infringing state conduct, the trial judge assessed the police conduct. He did not find bad faith on the…
James C Morton
Judge may properly, albeit cautiously, consider handwriting evidence
R. v. Cunsolo, 2014 ONCA 364: Defence counsel at trial was aware that the trial judge intended to conduct his own handwriting comparison and made lengthy submissions on the matter.…
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Certiorari is only available if the error appears on the face of the record. What, then, is the record?
Endicott v. Ontario (Independent Police Review Office), 2014 ONCA 363: I view the extent of the material ordered by the Divisional Court and the list proposed by the respondent to…
Justices of the Peace to conduct civil hearings in Australia
The Queensland, Australia Attorney General has introduced a trial period where select Justices of the Peace will conduct certain civil hearings. Justices of the Peace selected had applied for the…
Baffin Correctional Centre – from today’s National Post
From the Three Little Pigs we learn that it does not make a lot of sense, in a dangerous and scary world, to build a house out of straw or…
Sentencing judge bound by finding from jury
R. v. Boughan, 2014 ONCA 360: A sentencing judge is bound by the express and implied factual findings in a jury verdict. Where the factual basis is ambiguous, however, the…
Choice of Counsel
The right for an accused to retain counsel of his choice is recognized by section 10(b) of the charter and upheld in the Supreme Court Case of R. v. Willier,…
Watt’s Jury Instructions: WITNESSES OF UNSAVOURY CHARACTER (VETROVEC WARNING)
(NOW) testified for the Crown. There is a special instruction that has to do with his/her evidence. It is an instruction that you must keep foremost in your mind when…
Non- Expert Opinion Evidence
Smith v. Inco, 2012 ONSC 4749: The leading case as to the admissibility of opinion evidence fromnon-expert witnesses is that of R. v. Graat, 1980 CanLII 69 (ON CA), (1980)…
Victim Fine Surcharge
Tinker v. The Queen, 2014 ONCJ 208: Applicants have brought an application under the Canadian Charter of Rights and Freedoms challenging the s. 737 Victim Surcharge amendments, which came into…
Kirov was murdered by a lone gunman
“It must be asserted that to this day the circumstances surrounding Kirov’s murder hide many things which are inexplicable and mysterious and demand a most careful examination. There are reasons…
Self representation by non-lawyer for a one person corporation a norm
Darrell Waisberg v. J. Kirby Inwood, 2014 ONSC 2282: As noted by J.W. Quinn J in Lamond v. Smith (2004), 11 C.P.C. (6th) 104 (ON SC), the historical reluctance of…
A memory card in a camera cannot be searched without a separate warrant
R v Brown 2014 BCSC 112
Ontario Budget
Would raise the income eligibility threshold for legal aid services to allow an additional one million low-income Ontarians to be able to find a lawyer
Ineffective assistance of counsel
R. v. Zheng, 2014 ONCA 345: In R v. Archer, (2005) 293 O.A.C. 56, at paras. 119-21, this Court summarized the principles relating to an appellate court’s analysis of a…