James C Morton
A court officer was shot in the Brampton courthouse. The courthouse is on lockdown.
Apparently the shooter has been shot and killed. Not clear whether situation related to the ongoing terrorist trial in Brampton. Normally Courthouse violence stems from family law matters which are…
Review of evidence in charge to jury
R. v. McPherson, 2014 ONCA 223: In a jury charge, except in rare cases where it would be needless to do so, the trial judge must review the substantial parts…
Striking a guilty plea
R. v. Chemama, 2014 ONCA 220: The onus rests on the appellant to show that his guilty pleas were invalid. To constitute a valid guilty plea, the plea must be…
Minor touching to de escalate a situation not assault
In Reid, O.J. No. 1641 (C.J.), the accused was acquitted on the charge of assault causing bodily harm where she took hold of the complainant’s arm in the course of…
Most living thing share a lot of genetic structure
So humans share 60% of their genes with banana trees.
Not wearing seatbelt strict liability offence
R. v. Wilson, 2014 ONCA 212 holds not wearing a seatbelt is a strict liability offence: Holding s. 106(2) to be an offence of strict liability comports with the wisdom…
Nadon decision and reasons
Reference re Supreme Court Act, ss. 5 and 6 2014 SCC 21 is carefully reasoned. Some might prefer the decision of the minority. That said there is no question but…
"… care must be taken in assessing intent, careful not to jump too quickly to an inference of intent simply because of the consequences of one’s actions."
R v Karakeeva, 2013 MBPC 70
Repeal of early parole violates rights, Supreme Court rules
Canada (Attorney General) v. Whaling, 2014 SCC 20: W, S and M were all serving federal penitentiary sentences. As first‑time, non‑violent offenders, all three were eligible for accelerated parole review…
The Supreme Court of Canada has ruled that retroactive changes to parole eligibility brought in by the Harper government are unconstitutional
The Supreme Court of Canada has ruled that retroactive changes to parole eligibility brought in by the Harper government are unconstitutional. The top court was the third successive court to…
Toronto to Pond Inlet is the same distance as Toronto to Vancouver
About 3300 km – but to Vancouver you go west and to Pond Inlet you go north. Canada is a very big country!!!
Putting character in issue is not a condition precedent to having a prior criminal record admitted
R. v. Lepine, 2013 NWTCA 8 is a source for the proposition that while putting character in issue is relevant to a Corbett application such is not a condition precedent…
Spring officially arrives at 12:57 p.m. Thursday
Oh yes, very Springlike!!!!