Exercise of right to silence not evidence of guilt
R. v. Snelson, 2013 BCCA 550 (CanLII): If an accused person has a right to silence, it is an empty right if the Crown is permitted to seek an inference…
James C Morton
More detailed summary of Bedford 2013 SCC 72
The three impugned provisions, primarily concerned with preventing public nuisance as well as the exploitation of prostitutes, do not pass Charter muster: they infringe the s. 7 rights of prostitutes…
Canada v Bedford 2013 SCC 72
The Supreme Court of Canada has unanimously struck down the country's major prostitution laws, saying that bans on street soliciting, brothels and people living off the avails of prostitution are…
POA failure to appear at trial hence convicted is constitutional
R. v. Jamieson, 2013 ONCA 760 holds that s. 9.1(1) of the Provincial Offences Act, allowing a conviction where an accused has been “issued a notice of the time and…
Page charges for appeal transcripts
R. v. J.W., 2013 ONCA 723: In the circumstances, I am satisfied that the application should be granted and an order should be made in accordance with the CSD policy.…
Not all orders to non-parties are final
Ambrose v. Zuppardi, 2013 ONCA 768 Smerchanski was further weakened in the subsequent decision in Royal Trust Corporation v. Fisherman (2001), 55 O.R. (3d) 794 (C.A.), in which this court,…
Provocation
The criterion to be applied in order to determine whether there is any provocation sufficient to reduce murder to manslaughter is a dual test, the classic formulation of which was…
Stay of civil proceedings on Court’s own motion to be granted rarely
Yaiguaje v. Chevron Corporation, 2013 ONCA 758: While s. 106 of the CJA entitles the court to grant a stay on its own motion, the circumstances under which it may…
Stay of civil proceedings on Court’s own motion to be granted rarely
Yaiguaje v. Chevron Corporation, 2013 ONCA 758: While s. 106 of the CJA entitles the court to grant a stay on its own motion, the circumstances under which it may…
Battered Woman Syndrome
Battered woman syndrome is a model that was developed by Dr. Lenore E. Walker to describe the mindset and emotional state of a battered woman. A battered woman is a…
Crown must prove the offence particularized
R. v. Sadeghi-Jebelli, 2013 ONCA 747: When the Crown charges an accused with an offence, and particularizes the way the offence was committed, it must prove the offence as particularized…
Jurisdiction for judicial review
Setia v. Appleby College, 2013 ONCA 753: In my view the jurisdiction to make an order for judicial review quashing the expulsion decision does not depend on whether the decision…