Brady disclosure
Brady v. Maryland, 373 U.S. 83 (1963) holds that withholding exculpatory evidence violates due process "where the evidence is material either to guilt or to punishment”. This is similar but…
James C Morton
Another windy day
It's easy to forget the weather especially in Southern Ontario. (Nunavut is another story). But last night, taking shelter by the indoor pool of a hotel, as tornadoes moved through…
Quebec and the NDP #Fail
It seems the NDP leader has said he will "wipe the floor" with Justin Trudeau. Why? Because the Liberal leader holds to the Clarity Act and says Quebec cannot leave…
Toronto isn’t shamed by Rob Ford
The situation has become somewhat absurd. The revelations and reactions seem to suggest the Mayor is suffering from a breakdown of some sort – and that is hardly surprising seeing…
Brief delays in launching appeal not necessarily fatal even where merits thin
Denomme v. McArthur,2013 ONCA 694 is a useful case showing, as does the recent Fitzpatrick decision, that brief delays in launching an appeal will generally not block a delay even…
Unexpected implications from SCC privacy decision
Today’s Supreme Court decision in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62 holds videotaping people crossing picket lines is protected by…
Consecutive and concurrent sentences
Cumulative punishments are known as consecutive sentences. This only applies to jail sentences, all other sentences run concurrently. All sentences are presumed to be served concurrently. Generally, sentences for offences…
Duty to consider defences not raised by accused
R. v. Groulx, 2013 ONCA 690: It is the duty of the trial judge to put to the jury all defences arising from the evidence, even if not advanced by…
Court of Appeal strikes down mandatory minimum gun sentence
R. v. Nur, 2013 ONCA 677: For convenience, I repeat the terms of s. 12: Everyone has a right not to be subjected to any cruel and unusual treatment or…
Fisheries Act amendments November 25
Fisheries and Ocean Canada has published a new Fisheries Protection Policy, an accompanying Operational Approach for implementing the Fisheries Act changes, and transitional guidance for existing and new authorizations. These…
Time to take God out of the Interrogation Room
R. v. Oickle, 2000 SCC 38 holds that police may properly offer spiritual inducements to suspects as part of interrogation. As a result it is common for police to tell…
Saving blood of our Lord Christ Jesus through who sins are forgiven and without whom ye shall suffer the flames of hell
I have a confession dragged out of an accused following denials and several hours of stuff like the above. I know "spiritual" appeals are not barred by Oickle but the…
Dangers of eye witness testimony
R. v. Hay, 2013 SCC 61: The credibility and weight that should be given to eyewitness testimony is an issue committed to the ultimate trier of fact ― here, the…
Setting aside dismissal of appeal for delay
Bennett Law Chambers Professional Corporation v. Zareh, 2013 ONCA 686 It is common ground that the following factors are to be considered: 1) whether the appellant formed an intention to…
R v Vu 2013 SCC 60 – significant Supreme Court search decision
The traditional legal framework holds that once police obtain a warrant to search a place for certain things, they do not require specific, prior authorization to search in receptacles such…