Inuit Customary Adoption
The Inuktuitut word describing adoption means, “the one we took” or “my adopted,” Inuit do not use words such as “give up” or “give away” to describe adoption. Rather, the…
James C Morton
Informed Consent
Bollman v. Soenen, 2014 ONCA 36: The trial judge’s determination of liability on informed consent was based on a misapprehension of the law. In the context of medical treatment, battery…
Condemned man dies slowly
Dennis McGuire did not die an easy death. After the poison was injected he was still for almost five minutes, then he gave a loud snort, as if snoring, and…
Variations to Mareva Orders properly brought to Superior Court and not Appeal Court
First Majestic Silver Corp. v. Davila, 2014 BCCA 11 deals with a Mareva Order that parties sought to vary. Such is common and the question arise, is the amendment better…
Involuntary admission for psychiatric assessment
There are three ways that a person may be involuntarily admitted to a psychiatric facility in Ontariofor a maximum 72 hour observation period. Note that during the period treatment may…
James Peck, sometime between 1876 and 1884, likely on Blacklead Island, Cumberland Sound
Rev Peck was a Church of England missionary to the Inuit who popularized syllabic writing and made Anglican texts available in Inuktitut
Court of Appeal direction regarding sentencing is mandatory
R. v. Jafarian, 2014 ONCA 9: However, the trial judge erred in principle in using the sentencing of the appellant as an opportunity to send a message that sentences for…
Wilful blindness requires subjective suspicions
R. v. Stanton, 2014 ONCA 29: The authorities are clear that wilful blindness requires subjective suspicions. The trial judge seems to have adopted a statement from defence counsel’s closing submissions…
High Arctic Relocation
In August 1953, seven or eight families from Inukjuak, northern Quebec (then known as Port Harrison) were transported to Grise Fiord on the southern tip of Ellesmere Island and to…
Appointment of Justice Nadon: Tempest in a Teapot
I just do not see what the fuss is about. Appointments to the Supreme Court are entirely within the power of the PMO anyway. The real challenge is to bring…
On a motion for appointment of counsel on appeal the test is arguable issue only
R. v. Sykes, 2014 NSCA 4: I agree with the comments of Doherty, J.A. in R. v. Bernardo1997 CanLII 2240 (ON CA), (1997), 121 C.C.C. (3d) 123 (Ont. C.A.) that…
For 11(b) applications the time period from the charge to the completion of the trial is properly considered in assessing inferred prejudice
R. v. Lo, 2014 ONCA 23: We also agree with counsel for the appellant’s submission that the trial judge’s reasons are open to the interpretation that when considering inferred prejudice,…
Religion and Human Rights
Link to Human Rights Commission Under the Ontario Human Rights Code, discrimination because of religion (creed) is against the law. Everyone should have access to the same opportunities and benefits,…