criminal law

  • Counsel can’t share disclosure with media

    Counsel can’t share disclosure with media

    Oct 16, 2017

    An Ontario Superior Court judge has ruled that defence counsel cannot disseminate disclosure they receive to the media.

  • What’s in store for the Supreme Court?

    Oct 16, 2017

    The fall term of the Supreme Court of Canada, which began Oct. 3 and continues through early December, will be Chief Justice Beverley McLachlin’s last. She officially retires Dec. 15.

  • Disclosure dilemma

    Oct 16, 2017

    We live in a time of extreme paradoxes. Never has so much information been available so readily, thanks to the power of online news, digital devices and social media platforms.

  • Details around controversial surveillance unknown

    Details around controversial surveillance unknown

    Oct 16, 2017

    How widely police in Ontario utilize controversial surveillance techniques that can capture private data from large numbers of non-targets in a criminal investigation is unknown, because there are no formal requirements to make the data public.

  • Failure to disclose 911 call information ‘should cease’

    Failure to disclose 911 call information ‘should cease’

    Oct 10, 2017

    The Court of Appeal has blasted a policy in the Peel Region Crown attorney’s office, which did not automatically disclose 911 calls to an accused person. In R. v. M.G.T., the court found the fact that such a policy of non-disclosure existed in a Crown’s office in 2017 was “unfathomable.”

  • Modern technology needed in civil courts

    Modern technology needed in civil courts

    Oct 2, 2017

    During his tenure on the Superior Court, the frustrations expressed in rulings by Justice David Brown about the failure to make use of modern technology in the civil courts was not noted only by the legal community in southern Ontario.

  • OCA rules on amicus rates

    OCA rules on amicus rates

    Sep 25, 2017

    In a case that could eventually have implications for whether amicus curiae can be appointed in family law matters, the Ontario Court of Appeal has ruled that the attorney general is not obligated to negotiate payment for amicus above legal aid rates. In Morwald-Benevides v. Benevides, the attorney general appealed the appointment of amici in a family law matter involving a “toxic” custody dispute.

  • New bail policy coming for Crowns

    New bail policy coming for Crowns

    Sep 18, 2017

    While new bail policies are on the horizon for Ontario’s Crown attorneys, criminal defence lawyers say the bail process needs an entire cultural shift. At an opening of the courts ceremony in downtown Toronto in early September, Attorney General Yasir Naqvi told judges and prominent members of the bar that his ministry will soon unveil a new set of bail policies and procedures for Crown attorneys.

  • Criminalization critique

    Sep 18, 2017

    Last week, justice ministers from across the country met in Vancouver to discuss a range of pressing issues, notably marijuana legalization. But advocates for the rights of people living with HIV were paying close attention, as another item was on the agenda — discussions around how the criminal law is applied against people living with HIV, regarding their disclosure to sexual partners.

  • Consider research when it comes to polyamory

    Sep 18, 2017

    This July, in R. v Blackmore, 2017 BCSC 1288, a Canadian court rendered the country’s first polygamy convictions in more than a century. There can be little doubt that convictions rendered against breakaway FLDS Mormon polygamists Winston Blackmore and James Oler were a correct application of the current law, laid out in s. 293 of the Criminal Code of Canada.

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