Judges presumed to know the law
Cook v. Podgorski, 2013 NSCA 47 holds: The fact that the judge does not refer to the Halliday case does not mean that he made an error of law. Halliday…
James C Morton
CLA deplores LSUC in its decision against Joseph Groia
April 19, 2013 – The Criminal Lawyers’ Association (Ontario) “CLA” deplores the decision of the Law Society of Upper Canada in its decision released today against Joseph Peter Paul Groia.…
CLA deplores LSUC in its decision against Joseph Groia
April 19, 2013 – The Criminal Lawyers’ Association (Ontario) “CLA” deplores the decision of the Law Society of Upper Canada in its decision released today against Joseph Peter Paul Groia.…
Good police work in Boston
It seems the marathon bombers have been found and killed in a gun flight with police or captured. Since the bombing was this week and there were no obvious clues…
Restitution orders
R. v. Trac, 2013 ONCA 246: The trial judge’s error in law requires this court to determine whether, on a proper consideration of all of the relevant factors, the restitution…
Unreasonable verdict of a jury
R. v. W.H., 2013 SCC 22 is an important case making clear that review for unreasonable verdict is very limited. In effect the only time a decision will be set…
Boston Bombings and Justin Trudeau
You need to understand a cancer to treat it. Justin Trudeau’s comments about root causes and the Boston bombing are perfectly sensible. They show a politician who has something substantive…
Expert evidence on the frailties of eyewitness evidence not admissible
R. v. Frimpong, 2013 ONCA 243 holds: The appellant has two submissions in respect of the expert’s evidence, one broad and one more narrow. The broad submission asks this court…
Sentencing for criminal negligence causing death in alcohol-related circumstances
R v Smith 2013 BCCA 173 is a tragic case of death resulting from impaired driving. The trial judge gave a sentence of one day because of the circumstances and…
In a voluntariness analysis the fact the statement was made by the accused must be demonstrated albeit to a minimal degree
Montgomery, 2011 ONSC 5331 (at para. 9): On a voir dire to determine whether a statement made to a person in authority is admissible, a trial judge is required to…
Twitter links
Readers may recall I once looked at who was followed by the PMO’s Office — you do have to at least try to avoid inappropriate links but I don’t see…
Crown burden on appealing an acquittal
R. v. Berbeck, 2013 ONCA 241 reminds us of the heavy burden the Crown faces on appealing an acquittal: In R. v. Graveline, 2006 SCC 16, 1 S.C.R. 609, the…
Appeal Courts will use deference in reviewing interlocutory injunctions
R v Conseil Scolaire Fransaskois, 2013 SKCA 35 is a useful case for the proposition that the determination of whether an interlocutory injunction ought to be granted will be considered…
Appeal Courts will use deference in reviewing interlocutory injunctions
R v Conseil Scolaire Fransaskois, 2013 SKCA 35 is a useful case for the proposition that the determination of whether an interlocutory injunction ought to be granted will be considered…