James C Morton
Solicitor Client privilege applies during production orders
R. v. A.B., 2014 NLCA 8: Consequently, I conclude that it is the nature of the communications and the solicitor-client relationship that give rise to the need to protect a…
In general, where an accused is sentenced for separate events, sentences should be consecutive
R. v Drader, 2014 ABCA 69: In ascertaining what is a fit sentence, a sentencing court may make sentences concurrent or consecutive. Particularly where an accused is being sentenced for…
What if the Crown fails to elect Summary or Indictable
The Crown has the power of election on hybrid criminal offences. A hybrid offence is an offence defined in the Criminal Code as having both summary and indictable classes of…
Civil jury charge need not be perfect
Hansen v. Williams, 2014 ONCA 118: The trial judge’s charge did not need to be perfect. Absent an error that amounts to a substantial wrong or a miscarriage of justice,…
Factual basis need not be established for valid bylaw
Seguin (Township) v. Hamer, 2014 ONCA 108: We agree with the comments of Twaddle J.A. of the Manitoba Court of Appeal in Mr. Pawn Ltd. v. Winnipeg (City), 2002 MBCA…
Stephen Harper in 2003 – how things have changed
party will not take its position based on public opinion polls. We will not take a stand based on focus groups. We will not take a stand based on phone-in…
Unreasonable Verdict
R v RAS, 2014 ABCA 56: In assessing whether a verdict is unreasonable, a court must, to some extent, re-examine and re-weigh the evidence, but ultimately the test is whether…
Cross examination
Cross examination is recognized as “being protected by ss. 7 and 11(d)” of the Charter. The right however is limited by the requirements of relevancy and materiality, with relevancy being…
Judge shopping offensive
R. v. Regan, 1 S.C.R. 297, 2002 SCC 12: 60 This Court has adverted to the impropriety of trying to influence the outcome of a proceeding by trying to “select”…
Mandatory disclosure to Unions not a breach of Charter
Bernard v. Canada (Attorney General) 2014 SCC 13 may be relevant to potential right to work legislation: Ms. Bernard’s freedom of association argument has no legal foundation. Her argument was…