Last year the OCJ took in 560,000 new criminal cases
And 2,000,000 provincial offences.
James C Morton
Woman must remove niqab to testify
A Muslim woman must remove her niqab before testifying against two men accused of sexually assaulting her three decades ago, an Ontario judge ruled Wednesday. The decision by Justice Norris…
"This Criminal Code is not holy book"
A Montreal man accused of plotting a terrorist attack against a VIA Rail passenger train denounced the Canadian Criminal Code in a Toronto courtroom Wednesday during his second court appearance.…
Does a breach of professional conduct amount to a tort? No
Hyra v. Her Majesty the Queen et al, 2013 MBQB 83 says that a breach of professional conduct rules does not give rise to a cause of action. Presumably if…
Russians drive to Resolute, NU
A group of Russian explorers have driven across the North Pole and are heading to Resolute, Nunavut, in specialized amphibious trucks.
Need to prove negative impact of prejudice before Gladue applies?
R. v. J.N., 2013 ONCA 251 deals with when Gladue factors apply. Many, including this writer, were of the view that Collins, 2011 ONCA 182 stood for the proposition that…
Authentication of US Legal Materials Moving Forward With Uniform Electronic Legal Material Act
Story here
Today’s Terrorist Arrests Do Not Justify New Laws
Today’s announcement that the RCMP have broken an apparent terrorist ring set to derail a VIA passenger train is good news. It shows that Canada’s existing terrorism laws work. What…
Admission of prior consistent statements
R. v. Kailayapillai, 2013 ONCA 248 holds: In Edgar, this court extended the principled approach to the admissibility of hearsay evidence to prior consistent statements made by an accused: see…
Setting aside default judgment
Traditionally setting aside a default judgment has required fulfilling a three-part test. The Defendant must establish: (1) there was a reasonable explanation for the failure to file the Statement of…
When attacked cry "FIRE" not "HELP"
People will respond better to "Fire".
The practice of imposing "global" sentences for multiple offences is to be discouraged, because it undermines the transparency of the sentencing process
R. v Hanna, 2013 ABCA 134 holds: The sentencing judge did not proportion the totality discount between the two offences. The practice of imposing “global” sentences for multiple offences is…