Access to Justice
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June 11, 2024
Ex-Chief Justice of Canada says judges of Hong Kong’s Court of Final Appeal remain independent
In the wake of Beijing’s escalating crackdown on independent voices and institutions in Hong Kong since China enacted and expanded a sweeping “national security law,” Hong Kong’s top court is still independent, retired Supreme Court of Canada Chief Justice Beverley McLachlin said as she announced her planned departure next month from the Hong Kong Court of Final Appeal.
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June 11, 2024
Searches — and the reasons for them | David Dorson
Being searched is a common occurrence in prison. I had only been on my range in the assessment unit for a day or two when the first search of our range took place. Without notice, we were all told to go into the common room while a group of guards went through all the cells, searching for anything that might not be allowed. This took 30 or 40 minutes; cells are small and sparsely furnished, so searching is not very complicated.
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June 10, 2024
Trust me. I’m a lawyer | Norman Douglas
This is my fifth column for Law360 Canada. I think it's time to ruffle some feathers on the golden goose. When I was a lawyer, I didn't care for lawyers’ jokes, but loved the ones that made fun of judges. When I became a judge, I loved lawyers’ jokes (even made up a few), but thought jokes about judges were offensive. Now I’m retired. I love jokes about both professions. I am going to tackle two issues that are linked together like Bonnie and Clyde, Jesse and Frank (only you cowpokes out there will know their last name), Butch Cavendish and John Reid (gotcha). I could go on, but you get the picture.
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June 10, 2024
Cellphones in Ontario schools: ‘I can do it with a broken heart’ | Marvin Zuker
“Cause I’m a real tough kid, I can handle my s---," says an ode on Taylor Swift’s new album, The Tortured Poets Department. “I cry a lot, but I am so productive, it’s an art.” — So very true; thank goodness for our teachers and the everyday sacrifices they make to make it work.
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June 07, 2024
SCC rules on interplay of informer privilege & open courts in so-called secret trial case
The Supreme Court of Canada says no “secret” trial occurred during the in-camera prosecution of a confidential police informer in Quebec, but it has ordered 9-0 that a redacted trial judgment should be made public, which contains no information that might identify the police informer in breach of what the top court has previously described as the “extremely broad and powerful” informer privilege.
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June 07, 2024
Court of Appeal asks if trial judge influenced jury decision in criminal association case
Cosmin Dracea was convicted, along with others, for trafficking in cocaine and possession of the proceeds of crime. Along with the trafficking offence, an additional finding of guilt was for his association with a criminal organization called the “Ndrangheta.” It was the criminal association charge that led to Dracea’s appeal. The Ontario Court of Appeal handed down a unanimous judgment upholding the conviction on May 30, 2024 (R. v. Dracea, 2024 ONCA 440).
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June 06, 2024
Aboriginal land claim settlements: Show me the money
Various First Nations in Saskatchewan are on the verge of realizing a cash-effusion by way of land claim settlements. The amounts range from a few million to $150 million. One would think this is cause for celebration; however, numerous band members, being the beneficiaries of these land claim settlements, exhibit confusion and consternation.
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June 05, 2024
Provincial court judge rules ‘immediate and simultaneous’ filing of English rulings into French as invalid
Barely weeks after the Supreme Court of Canada affirmed the right to a trial in one’s official language of choice, a Court of Quebec judge ruled that a provision of the French language charter that calls for the “immediate and simultaneous” filing of English rulings into French cannot apply to criminal proceedings in the province.
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June 05, 2024
Unsuccessful appeal bid focuses on identification standards
Farah James Robert Yaman was “known” to police. According to a news report published on April 8, 2020, in the Victoria News, Yaman, then 37, was in custody on three charges, two for breaking and entering and one for breaching a release order in 2019.
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June 05, 2024
Cellphones in Ontario schools: What is doxxing? | Marvin Zuker
Doxxing is a type of cyberbullying in which someone reveals or uses personal, financial or other information to cause damage to the victim.