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This Week's Issue

Yet another firearms offence declared unconstitutional

Tali Folkins - Monday, August 31, 2015

An Ontario court has struck down yet another mandatory minimum sentence for a firearms offence as unconstitutional using the hypothetical approach used by the Supreme Court of Canada in R. v. Nur.
“It is in a way an illustration of the sad state of affairs which exists in criminal law now because of the imposition on judges of mandatory minimum sentences,” says Toronto defence lawyer Aaron Harnett of the judge’s use of a reasonable hypothetical analysis in R. v. Shobway to find a mandatory minimum sentence unconstitutional despite his conclusions on the specific circumstances of the offender.

“It now is causing jurists to have to engag...


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Inside Story

Monday, August 31, 2015

FAMILY LAWYER APPOINTED TO THE BENCH
The provincial government has appointed lawyer Melanie Sager to the bench of the Ontario Court of Justice.

Sager, a lawyer called to the bar in 1995, has been a sole practitioner of family law for the past 20 years.
Her work has included acting as duty counsel and representing children as an agent for the Office of the Children’s Lawyer.

Outside of court, Sager serves on the board of directors of the Scarborough Women’s Centre and has been on the board of the Family Lawyers Association. Her appointment to preside in Toronto is effective Sept. 8.

CROWN’S CIVIL CASE AGAINST FORMER LAWYER MOVES FORWARD
The Ontario Superior Court has upheld a decision allowing Crown attorney Roger Shallow to amend his civil claim against his former lawyer.

The case, Shallow v. Adair, relates to Shallow’s 2007 arrest by Toronto police, who charged him with causing a disturbance and obstruction. With...

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