criminal law


  • 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.

  • Groups intervene over sexual assault convictions

    Groups intervene over sexual assault convictions

    Sep 11, 2017

    Human rights organizations are intervening in an appeal by an HIV-positive man convicted of two counts of sexual assault causing bodily harm. Ryan Peck, executive director of HIV & Aids Legal Clinic Ontario, and Richard Elliott, executive director of the Canadian HIV/Aids Legal Network, say their organizations are intervening in an upcoming Nova Scotia Court of Appeal case.

  • Caution urged on national security bill

    Caution urged on national security bill

    Sep 11, 2017

    The government has tabled a massive omnibus bill to overhaul the country’s national security regime, which will be debated this fall. Lawyers say they have concerns about how the bill addresses issues such as collection of personal information, information sharing with other governments and how to help clients who find themselves on the no-fly list.

  • Bail under scrutiny

    Sep 11, 2017

    The ticking clock on court delays imposed by Jordan continues to run, with a range of results. Law Times reports that the Ontario Court of Justice launched a pilot project earlier this month to see whether having judges conduct bail hearings could reduce delays in the criminal justice system. Normally, it is justices of the peace who hear bail proceedings — a practice that has drawn the ire of some critics who feel this should be handled only by lawyers.

  • A call for change in bail

    Sep 11, 2017

    It is an undeniable fact that bail courts in Ontario are in crisis. What seems to be becoming even clearer is that no amount of attention to spotlight the issues is enough to fix them.

  • Damages awarded in racial profiling case

    Damages awarded in racial profiling case

    Sep 11, 2017

    A ruling in a civil damages case awarding $80,000 to a man racially profiled by a Toronto police officer is believed to be the largest of its kind so far in Ontario. Lawyers say the ruling in Elmardy v. Toronto Police Services Board 2017 will have important effects on how damages are sought in relation to racial profiling by police.

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