Criminal Code The subject areas that were identified as being dealt with, directly or indirectly, in the Code are: (1) pain control and sedation practices (2) withholding and withdrawal of…
Skirting carefully around a contentious federal government policy, she says that the legal regime used to decide the fate of violent, mentally ill offenders has worked smoothly and “served us…
R. v. Kokopenace, 2013 ONCA 389 is a powerful decision on jury rolls and the need for them to be inclusive: In my view, to meet its representativeness obligation, the…
The result here is the right one (although to my mind the charges should not have been laid). But the problem is the result came because a Crown exercised an…
Ok, a massive police raid with 42 teams across the Province. Neighbourhoods shut down at dawn by battering ram entry and flash bang stun grenades. Dozens of arrests, 40 firearms…
Peel Law Association v. Pieters, 2013 ONCA 396 holds: The Divisional Court set out the following test for discrimination. The Court said: In order to prove a prima facie case…
JUDGE MAURICE ALEXANDER CHARLES August 6, 1920 – June 8, 2013 The family of Judge Maurice Alexander Charles wishes to notify his friends and members of the legal fraternity of…
R. v. Attutuvaa, 2013 NUCJ 10 shows that poverty has a significant Gladue implication: The Supreme Court of Canada requires the sentencing judge to take judicial notice of systemic factors…
The Justice of the Peace Bench has become thoroughly professional and is a highly trained and skilled body of adjudicators. The ancient office of justice of the peace is one…
R. v. Pottie, 2013 NSCA 68 deals with the often vexed question of a conditional discharge for a violent offence. The Criminal Code provides: 730. (1) Where an accused, other…
R. v. Able, 2013 ONCA 385 holds that a youth sentence can be applicable in determining the mandatory minimum penalty under s. 95(2) of the Criminal Code: The respondent, on…
Male v. The Business Solutions Group, 2013 ONCA 382: The publication issued by the Advocates’ Society, entitled The Principles of Civility for Advocates, has been endorsed by this court on…
Ontario College of Pharmacists v. 1724665 Ontario Inc. (Global Pharmacy Canada), 2013 ONCA 381 holds: There is no dispute about the legal principles that apply when determining the applicability of…
R. v. Tash, 2013 ONCA 380 holds: Credibility rules are of three types. The first type concerns attempts by the witness’ proponent to bolster the witness’ credibility even before it…
