criminal law


  • No insulation from civil forfeiture

    No insulation from civil forfeiture

    Dec 11, 2017

    A plea bargain with the federal Crown in a criminal proceeding in which it agrees not to seek forfeiture of certain assets will not necessarily prevent the province from successfully bringing its own application under the Civil Remedies Act.

  • Judges should examine if drivers criminally culpable

    Judges should examine if drivers criminally culpable

    Dec 11, 2017

    The Ontario Court of Appeal is reminding trial judges that in cases involving a fatal collision between a vehicle and a pedestrian, the focus should be on whether the driver’s actions were criminally culpable and not the specific circumstances of the collision.

  • McLachlin’s legacy on criminal law

    McLachlin’s legacy on criminal law

    Dec 11, 2017

    In one of the first criminal law cases to be heard at the Supreme Court of Canada after Beverley McLachlin was named its chief justice in January 2000, she wrote the dissenting judgment.

  • No movement on scrapping surcharge

    No movement on scrapping surcharge

    Dec 11, 2017

    The federal government says it has not taken further steps to give judges the discretion to waive the mandatory victim surcharge, despite announcing its intention to do so 14 months ago, because of a lack of time available in Parliament.

  • Reid technique is problematic

    Dec 11, 2017

    In 1998, a 25-year-old unsophisticated man in Alberta was arrested for aggravated assault on his infant son.

  • Time for graduated licensing for lawyers

    Dec 4, 2017

    Graduated licensing for drivers in Ontario started in 1994. At the time it was introduced, it was touted that the policy was going to save tens of millions of dollars in accident prevention and lives. The policy is very easy to understand and so intuitively and obviously correct that it really requires no justification.

  • Lawyers oppose court closures at forum

    Lawyers oppose court closures at forum

    Dec 4, 2017

    The planned centralization of Toronto’s satellite provincial courts to a new courthouse will make accessing the justice system more difficult, said lawyers and other community activists at a community forum Nov. 28.

  • Lawyer questions time taken to investigate ads

    Lawyer questions time taken to investigate ads

    Nov 27, 2017

    Toronto lawyer who advertised in a publication decried as racist, misogynistic and homophobic will face a regulatory meeting at the Law Society of Upper Canada.

  • Making police accountable long overdue

    Nov 27, 2017

    There are many communities that have for years decried a crisis of confidence in Ontario police. The province’s much-anticipated new omnibus policing legislation, packaged as the Safer Ontario Act, 2017, appears to have been met with general optimism — perhaps as much a measure of the broad need and desire for change as it is of the bill itself.

  • Corrections found negligent for beating

    Corrections found negligent for beating

    Nov 20, 2017

    Correctional Service Canada has been found to be negligent in the severe beating of an inmate because he was placed in a unit with serious offenders and also as a result of staff failing to follow established security protocols.

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