James C Morton
Canada and Nunavut
This week Canada's National Newspaper has had a special focus on the North – and that is a good thing. The main story clearly tried to understand Nunavut and put…
Not incarcerating convict despite sentence inadequate and increased on appeal
R. v. Smickle, 2014 ONCA 49: This court has, on occasion, declined to re-incarcerate a respondent even though the sentence imposed at trial was manifestly inadequate. Sometimes after identifying the…
We all need help sometimes!!!
James Morton Of the Law Societies of Upper Canada and Nunavut
Motions for non-suit
R. v. De Jaeger, 2014 NUCJ 04: The ultimate issue, guilt or innocence, is to be decided at the conclusion of all the evidence heard in a criminal trial. The…
Criminal fraud grounded in non-disclosure
R. v. Gour, 2014 ONCA 51 We disagree. Based on R. v. Theroux, 2 S.C.R. 5 and R. v. Zlatic, 2 S.C.R. 29, which held that the words “other fraudulent…
Queen’s picture in Nunavut Court
A wee dated,,,
Assessment of Credibility
R. v. D.T., 2014 ONCA 44: Appellate courts must give a very high degree of deference to trial judges’ credibility determinations. As Bastarache and Abella JJ. explained in R. v.…
Too many bears?
NEVER!!!!
Issue estoppel applies only where a Court’s decision necessarily determines the issue
R. v. Thompson, 2014 ONCA 43: The doctrine of issue estoppel is concerned with particular issues common to two different pieces of litigation involving the same parties: R. v. Mahalingan,…
Aboriginal justice is real justice
Sitting in Court at Arctic Bay today I listened as Inuit accused admitted their acts and then were admonished by the Elders. Normally in the South when an accused is…
Crown required to produce legible notes as part of disclosure
R v Lalani, 2014 ONCJ 10: 57: "….in my view, the provision of a typed version of one of the investigative officer's notes where that officer's handwritten notes were illegible…
Boats in Arctic Bay, Nunavut
A brisk minus 34 outside
Change in Canada’s position on Jerusalem?
Prime Minister Harper is visiting the Western Wall in Jerusalem. Previous Canadian official visits avoided the Western Wall as Canada (officially) does not recognize Israel's claim to Jerusalem as capital…
Rabbi Jonathan Sacks’ Erasmus Lecture
http://vimeo.com/m/78011617 I'm not totally convinced but it certainly is worth a listen.