Police need a wiretap authorization to seize text messages
R v Telus 2013 SCC 16 was just released. It holds text messages cannot be seized by police without a wiretap authorization. The Court holds that text messaging is, in…
James C Morton
Bald Eagles Born in Hamilton
After several years of trying, the bald eagles of Cootes Paradise have hatched the first eaglets to grace Lake Ontario in decades.
Occurrence reports are not private records Parliament intended to protect as third party record disclosure
R. v. Quesnelle, 2013 ONCA 180 holds that occurrence reports are producible as Stinchcombe disclosure, not pursuant to the third party record regime. The Court ruled: With the nature of…
Inconsistent verdicts – are the verdicts are supportable on any theory consistent with law?
R. v. S.L., 2013 ONCA 176 holds: In a jury trial on a multi-count indictment against a single accused, a claim of inconsistent verdicts turns on the question whether the…
Are passengers in cars that have been stopped by the police detained? Maybe
R. v. Johnson, 2013 ONCA 177 holds: The interesting issue of whether passengers in cars that have been stopped by the police are detained has been considered in a number…
A conviction based on a not overwhelming case may not be unreasonable
R. v. Bryan, 2013 ONCA 97 holds: We conclude that on the whole of the circumstantial evidence in this case, the verdicts are ones that a properly instructed jury, acting…
Philip Qamanirq from Ikpiarjuk
Gyrfalcon, 1968
Call me old fashioned but I thought judges ruled on disclosure – not reporters,,,
GATINEAU, Que. — Criminal charges against Sen. Patrick Brazeau will next be dealt with on June 10, with the prosecution suggesting his legal team is using delay tactics in the…
Victim Surcharge
R. v. K.E., 2013 ONCA 175 is a useful source for the quantum of victim surcharge: The obligation to impose a victim surcharge on a convicted offender, except where the…
Pre-hearing conferences in criminal cases
R. v. Nguyen, 2013 ONCA 169 discusses pre-hearing conferences in criminal matters : Pre-Hearing Conferences and their Use Section 625.1(1) of the Criminal Code authorizes pre-hearing conferences to be held…
Detention following arrest (refusal of bail) can be used to deterrent and a denunciatory effect
R. v. Kablutsiak, 2013 NUCJ 3 is a striking sentencing decision. In it Justice Cooper finds that detention following arrest (refusal of bail) can be used to deterrent and a…
Happy Nowruz
Happy New Year, To all a spring full of hope inspired by spring flowers shining on joyful hearts. Happy Nowruz
When does a cause of action for solicitor’s negligence accrue?
Lipson v. Cassels Brock & Blackwell LLP, 2013 ONCA 165 holds: In our respectful view, the motion judge's conclusion about Justice Le Dain's holding in Central Trust Co. v. Rafuse…