Search of cellphone incident to arrest proper – password on phone might have changed decision
R. v. Fearon, 2013 ONCA 106 holds, on its facts, that a search of a cellphone was proper as an incident of arrest. Note that the decision might have been…
James C Morton
A parcel description of a property – including an incorporated reference plan – is not definitive of the boundaries or the extent of the land
MacIsaac v Salo, 2013 ONCA 98 is a remarkable decision that, among other things,holds aparcel description of a property – including an incorporated reference plan – is not definitive of…
Senators and residence
The recent media outrage about where Senators "reside" seems to have all but ignored the legal definition of "residence". That definition is fairly straightforward — the fact that the Senators…
How the English saw Canada in 1941
Here's the start of a plot summary for the British film 49th Parallel, a film set in World War II: "U-37, the first German submarine to reach Canada, sinks a…
Oppression and voluntariness
R v. Kringuk, 2011 NUCJ 13 has some very helpful language on oppression and voluntariness: The common law has long required the Crown to prove beyond a reasonable doubt that…
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…
Anger is like drinking poison and expecting the other person to die
A great quotation attributed by some to Buddha. Probably best to say unknown author.
The law should not discourage neighbourly conduct
1043 Bloor Inc. v. 1714104 Ontario Inc., 2013 ONCA 91 has a useful comment on accommodations by neighbours: The policy of the law in this area is clear: the law…
George Takach
Running for leadership
Strip search includes removal of bra
R. v Lee, 2013 ONSC 1000 was released yesterday (I have a copy if anyone wishes). The decision dealt with the definition of “strip search”. Following a detention for impaired…
Florida decides Canadian tourists a bad idea
This seems a bit strange given the number of Canadians that spend winters in Florida – especially Quebecers – but the Sunshine State now requires non-U.S. residents to carry an…
Scope of examination for discovery
CIBC v. Deloitte & Touche, 2013 ONSC 917 is a useful source for the current law on the scope of examination for discovery: The basic scope of an examination for…
Those Who Take Us Away: Abusive Policing and Failures in Protection of Indigenous Women and Girls in Canada – a disturbing report from Human Rights Watch
http://www.hrw.org/reports/2013/02/13/those-who-take-us-away The failure of law enforcement authorities to deal effectively with the problem of missing and murdered indigenous women and girls in Canada is just one element of the dysfunctional…