Karl Muck playing Parsifal
One of the wonders of modern life is the ability to access major works of art almost anywhere. I recall when finding historic recordings required visiting record stores and hoping…
James C Morton
I’m not against the police; I’m just afraid of them.
Alfred Hitchcock
Carding – is it legal?
Carding, that is police stopping of pedestrians on the street, and asking for identification and other information, is in the news again. (Note, if you are stopped I urge you…
Bail conditions not reasonably connected to purposes of bail are unconstitutional
R. v. Thompson, 2013 NSPC 124: The purposes of a constitutional bail system were described by Lamer J. (as he then was) in R. v. Morales. They are not hard…
Only one civil standard of proof – balance of probabilities
McLean v. McLean, 2013 ONCA 788 makes very clear there is only one civil standard of proof – balance of probabilities: The trial judge held that Helen was required to…
Summary of Professional Conduct Rule 4.04 on Communication with Witnesses Giving Evidence
RULE 4.04 Communicating With Witnesses Giving Testimony Witness Called By You or Witness Called by Party Opposite Sympathetic to You During Yes, on matters not yet covered Yes Chief Between…
DNA presence or absence and transference not mere "common sense"
R v Pruden, 2013 CanLII 83110: The nature of the DNA evidence in this case was not straightforward and I agree that expert evidence was required to explain the significance…
The man accused of killing a TSA agent in LA last month has his trial scheduled for February 2014
Three or four months for a high profile first degree murder case. Hmmn. In Canada we'd be looking at two years minimum. Maybe closer to three to four years ,,,
Kaliningrad
Sweden’s former prime minister Goran Person once described Kaliningrad this way: “It is heavily polluted. There are illnesses there like AIDS and tuberculosis. There is atomic waste. You find almost…
Consecutive translation better but simultaneous acceptable
R. v. Jesuthasan, 2013 ONCA 779: The additional time required for consecutive interpretation, particularly in the context of a jury trial, the difficulty of finding qualified interpreters to meet the…
Expert evidence
Cinar Corporation v. Robinson 2013 SCC 73: For expert evidence to be admitted at trial, it must (a) be relevant; (b) be necessary to assist the trier of fact; (c)…
Agreement expert qualified to give opinion evidence does not add weight to expert’s opinion
R. v. Strickland, 2013 NLCA 65: The issue regarding expert evidence as argued on the appeal did not extend to all aspects of the test for admissibility of expert evidence…
Duty of disclosure and presiding Justice of the Peace in provincial regulatory matters
R. v. Ul-Rashid, 2013 ONCA 782 grants leave to the Court of Appeal to decide whether the Crown must ensure disclosure have been provided, regardless of request, and the presiding…