Retrospective Criminal Laws
R. v. K.R.J., 2016 SCC 31:Section 11 (i) of the Charter constitutionally enshrines the fundamental notion that criminal laws should generally not operate retrospectively. This constitutional aversion for retrospective…
James C Morton
Retrospective Criminal Laws
R. v. K.R.J., 2016 SCC 31:Section 11 (i) of the Charter constitutionally enshrines the fundamental notion that criminal laws should generally not operate retrospectively. This constitutional aversion for retrospective…
Police must take steps to ensure medical treatment for prisoners
R. v. Poirier, 2016 ONCA 582: In my opinion, the police have a duty to take reasonable steps to ensure that the accused's safety and security of the person are…
Police must take steps to ensure medical treatment for prisoners
R. v. Poirier, 2016 ONCA 582: In my opinion, the police have a duty to take reasonable steps to ensure that the accused's safety and security of the person are…
Inadvertent disclosure seldom amounts to waiver of privilege
R. v. Ward, 2016 ONCA 568: Communications between a lawyer and his or her client are privileged where they involve the giving or seeking of legal advice and where the…
Inadvertent disclosure seldom amounts to waiver of privilege
R. v. Ward, 2016 ONCA 568: Communications between a lawyer and his or her client are privileged where they involve the giving or seeking of legal advice and where the…
Assuming Jurisdiction Over A Claim
Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30:Before a court can assume jurisdiction over a claim, a real and substantial connection must be shown…
Assuming Jurisdiction Over A Claim
Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30:Before a court can assume jurisdiction over a claim, a real and substantial connection must be shown…
Court’s discretion to refuse to hear a party remaining in breach of order
R. v. Weber, 2016 BCCA 279: The decision to hear or to refuse to hear a party who has not cured a wilful breach of a court order is a…
Court’s discretion to refuse to hear a party remaining in breach of order
R. v. Weber, 2016 BCCA 279: The decision to hear or to refuse to hear a party who has not cured a wilful breach of a court order is a…
Judicial Questions with Self Represented Party
R. v. Thornton, 2016 ONCA 562: We do not view the trial judge's interventions as being disruptive or tantamount to cross-examination. To the contrary, it is clear from the transc...
Judicial Questions with Self Represented Party
R. v. Thornton, 2016 ONCA 562: We do not view the trial judge's interventions as being disruptive or tantamount to cross-examination. To the contrary, it is clear from the transc...
Extremely important delay case from Supreme Court
R. v. Jordan, 2016 SCC 27: The Morin framework for applying s. 11 (b) has given rise to both doctrinal and practical problems, contributing to a cult...
Extremely important delay case from Supreme Court
R. v. Jordan, 2016 SCC 27: The Morin framework for applying s. 11 (b) has given rise to both doctrinal and practical problems, contributing to a culture of delay and…
Private Prosecutions
Most criminal cases are started when someone complains to the police and, following investigation, the police lay charges. The police will lay a charge when they conclude there are grounds…
Private Prosecutions
Most criminal cases are started when someone complains to the police and, following investigation, the police lay charges. The police will lay a charge when they conclude there are grounds…
Personal Liability of Counsel for Costs
Rule 57.07 provides: LIABILITY OF LAWYER FOR COSTS57.07 (1) Where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue…
Personal Liability of Counsel for Costs
Rule 57.07 provides: LIABILITY OF LAWYER FOR COSTS57.07 (1) Where a lawyer for a party has caused costs to be incurred without reasonable cause or to be wasted by undue…
Fundamental Freedoms and Limits on Rights and Freedoms
The Canadian Constitution protects specific "fundamental freedoms"; these freedoms are seen as the core of Canadian liberty and are protected against governmental infringement at any level. The fundamental freedoms are…
Fundamental Freedoms and Limits on Rights and Freedoms
The Canadian Constitution protects specific "fundamental freedoms"; these freedoms are seen as the core of Canadian liberty and are protected against governmental infringement at any level. The fundamental freedoms are…