James C Morton
A reply to the Toronto Star
A reply to the Toronto Star Story on Justices of the Peace: Dear Sirs: The story of a Superior Court judge overruling a Justice of the Peace on the issuance…
Crowdsourcing and Criminal Justice
Crowdsourcing and the criminal justice system have obvious but usually overlooked links. To a degree that is because crowdsourcing has been seamlessly integrated into police investigation for so long that…
Evidence of alcoholism is akin to that of bad character and ought not to be admitted without a voir dire
R. v. G.S., 2013 NUCA 5 holds evidence of alcoholism is akin to that of bad character and ought not to be admitted without a voir dire: As held in…
Abandonment a defence in Canada
R. v. Gauthier, 2013 SCC 32 upholds the defence of abandonment from a common intent to commit a crime. Many, including this writer, doubted such defence existed in Canada. Well,…
Accident alone does not prove dangerous driving
R. v. Clare, 2013 ONCA 377 holds: While I accept that the accident itself cannot be used as proof that the driving was dangerous, the finding in this case was…
Major study shines light on Nunavut’s suicide crisis: First extensive study about suicide in Nunavut released by McGill University researchers
People who died by suicide in Nunavut were more likely to have experienced childhood physical or sexual abuse, and were more likely to have been diagnosed with depression, according to…
Reasonable inferences are not necessarily likely or probable inferences
R. v. Dwyer, 2013 ONCA 368 holds: Reasonable inferences are not necessarily likely or probable inferences. The inference that is most favourable to the Crown must be drawn at the…
"You know those Conservatives burnt a few bridges"
Overhead at the drug store: "You know those Conservatives burnt a few bridges. I think the Liberals are back in next time." "Well I didn't want to hear it but…
Where offence named and statutory section listed conflict should a certificate of offence be quashed on ex parte trial? Leave granted by OCA
R. v. Farah, 2013 ONCA 362 dealt with a situation where a provincial offences certificate of offence named one offence but referred to a statutory provision for another offence. The…
Under what circumstances should an action be dismissed by the court following a status hearing?
Faris v. Eftimovski, 2013 ONCA 360 holds that on a status hearing rule 48.14(13) says that the onus is on the plaintiff to demonstrate why the action should not be…
Motions to extend time
Retail, Wholesale and Department Store Union, Local S-955 v Lilydale Inc, 2013 SKCA 56 deals with motions to extend time: The framework of principle at play in applications of this…
Your chance to do something political
As a rule, I don’t pass along these“add your name” lists that appear in emails. BUT this one is important. It has been circulating for several weeks and has been…