Really skillful people never get out of time, and are always deliberate, and never appear busy
― Miyamoto Musashi, A Book of Five Rings: The Classic Guide to Strategy 47 people liked it
James C Morton
Sentencing a corporation for criminal negligence
R v Metron Construction Corporation 2013 ONCA 541 is a very helpful decision regarding sentencing a corporation for criminal negligence causing death: Para 46: " The sentencing judge commenced his…
If social justice is to be more than a fond hope, or distant mirage, for the poor, the disadvantaged and marginalized citizens of Nunavut, the legal profession as a whole must learn to speak up for those who have no voice
R. v Joamie, 2013 NUCJ 19: In this proceeding the Court has heard from Nunavut’s Chief Medical Officer that the Nunavut Territory lacks the diagnostic services necessary to make a…
Right to counsel
R. v. Manchulenko, 2013 ONCA 543: The purpose of the right to counsel is to allow a detainee not only to be informed of his rights and obligations under the…
In our justice system litigation over spiritual or religious convictions should not presumptively have a safe harbour from costs
Delicata v. Incorporated Synod of the Diocese of Huron, 2013 ONCA 540: There was no basis in the evidence for any such determination. As a matter of principle, in our…
A factor on leave to appeal is delay below
Manning v. Society of Notaries Public of British Columbia, 2013 BCCA 386 holds that, among other things, a factor on leave to appeal applications is whether the trial below will…
"President Obama hasn’t been elected by the American people in order to be pleasant to Russia. And your humble servant hasn’t been elected by the people of Russia to be pleasant to someone either," he said of their relationship…
President Vladimir PutinStory here
Use of Electronic Devices in the Courtroom
Unless the presiding judge orders otherwise, the use of electronic devices in silent mode and in a discreet and unobtrusive manner is permitted in the courtroom by, counsel; paralegals who…
I never cease urging peace, which, however unfair, is better than the justest war in the world
Equidem ad paceni hortari non desino; quae vel iniusta utilior est quam iustissimum bellum cum civibus. Cicero, Epistulae ad Atticum Bk 7 Ltr 14
In breach of trust cases, restitution is proper even if repayment unlikely
R. v. Castro 2010 ONCA 718 holds: 28 Insofar as the nature of the offence is concerned, in cases involving breach of trust, the paramount consideration is the claims of…
Thomas M. Cooley Law School Alma Mater Song
Thomas Cooley, Alma Mater, mighty temple of the law; Where first we sought the face of justice full of wonder, full of awe. Thomas Cooley, Alma Mater, reservoir of truth…
Senator Obama in 2007
“The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the…
Open wide
People are too bony to eat; we are lacking the comfort-food blubber the bears need to endure the cold.
"Unwritten Law" did exist! Astonishing
I always assumed the “unwritten law”, that is, a husband could kill his wife’s lover if caught in adultery, was just an urban myth. The suggestion that provocation, a legitimate…