James C Morton
Fiduciaries do not always act qua fiduciary
Simkeslak Investments Limited v. Kolter Yonge LP Limited, 2013 ONCA 116 holds: Not all actions taken by a person in a per se fiduciary relationship – that is, in a…
Arctic wolf
One was stalking me yesterday but then left me alone – I suspect he was on a low fat diet and decided an alternative was healthier!!!
From Uvajuq – how death came into the world
In the very earliest time When both people and animals lived on earth A person could become an animal if he wanted to and an animal could become a human…
Gladue Factors beyond sentencing
The Gladue factors may have other effects, even though they are only directly applied to sentencing in the Criminal Code. SinceGladue sets out principles intended to address the “crisis on…
Adequacy of reasons
R. v. Burnie, 2013 ONCA 112 is yet another adequacy of reasons case: It is a well-established legal principle that the reasons a judge gives in a criminal trial without…
When does detention commence?
R. v. MacMillan, 2013 ONCA 109 has a useful passage on the meaning of detention and when detention commences: As is made clear in R. v. Suberu, 2009 SCC 33,…
Standing for Justices of the Peace
In Nova Scotia Presiding Justices of the Peace Association v. Nova Scotia (Attorney General), 2013 NSSC 40 the Nova Scotia Justice of the Peace association sued the Provincial Crown for…
Basis for leave for second appeal in summary conviction matters
R. v. Bresnark, 2013 ONCA 110 holds: A second appeal in summary conviction proceedings is the exception, not the rule. R. v. R.(R.) (2008), 90 O.R. (3d) 641. First, the…
Kiilliniq (Victoria Island) has the same land area as the British Isles
The Western Arctic is a big place
Marijuana possession still widely prosecuted in Canada
In 2011 Canadian police recorded 61,406 criminal incidents in which possession of marijuana was the most serious offence. 28,183 possession charges were laid. This does not reflect all charges for…