Access to Justice
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May 22, 2024
Assault appeal focuses on judge’s self-instructions
It is usual in a jury trial and especially in a “he said/she said” case for a judge to charge a jury on the requirement that a conviction results only when the Crown has presented proof beyond a reasonable doubt. How can we be sure that a judge sitting without a jury has been similarly self-instructed? That was the central issue in the Ontario Court of Appeal decision in R. v. Da Silva, 2024 ONCA 242.
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May 21, 2024
Law Society of Ontario award winners announced
Five recipients of the annual Law Society Awards will be celebrated for their achievements in a ceremony on May 22, 2024, a news release from the Law Society of Ontario (LSO) announced.
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May 21, 2024
The Human Rights Tribunal of Ontario: A continuing crisis | Kathy Laird
The Human Rights Tribunal of Ontario (HRTO) continues to fail Ontarians badly. According to Tribunals Ontario’s most recent Annual Report, the HRTO backlog grew by another 500 applications over the 12-month period covered by the report, despite the fact that it received the lowest number of new applications since 2015-16. The HRTO’s unresolved caseload rose to 9,527, amounting to a three-year backlog, based on its record of closing approximately 3,000 applications a year.
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May 17, 2024
Ottawa announces construction of new federal courthouse complex in Montreal
The federal government has officially announced the construction of a new federal courthouse complex in the heart of Old Montreal.
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May 17, 2024
Manitoba hands Indigenous child welfare over to First Nations
In what is being called a “historic” move, Manitoba’s government is handing over child welfare services for Indigenous kids to First Nations leaders. According to a recent news release, Manitoba has “signed a historic relationship declaration committing to the transfer of jurisdiction over child welfare to First Nations” governments in the province.
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May 17, 2024
Artificial intelligence, legal profession, irrefutable function of reason | Natalia Bialkowska
To paraphrase Einstein, mankind invented artificial intelligence, but no mouse would ever construct a mousetrap for its own intellect. Admittedly limited in the use of its own potential, human brains offer a unique function of reason, something accepted in the ever-evolving world of philosophy since the first draft of Aristotle’s Nicomachean Ethics.
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May 17, 2024
Women’s Law Association President’s Award winner announced
The Women’s Law Association of Ontario announced that the recipient of its 2024 President’s Award is Anna Matas, a partner at St. Lawrence Barristers, a news release from the firm announced.
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May 16, 2024
Blossoming beyond borders: Cultivating corporate success in emerging economies | Maria Mahmoudian
In the pulsating heart of emerging economies lies a dynamic landscape where businesses strive to thrive amidst unique challenges and promising opportunities. The corporate management ecosystem in these regions is akin to a delicate ecosystem, requiring careful nurturing and innovative strategies to foster sustainable growth. Let’s delve deeper into the intricacies of this ecosystem, exploring its nuances and the personalized thoughts it provokes.
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May 16, 2024
Appeal raises question: How much do appeals based on technicalities advance law?
We are increasingly seeing appeals that rely on technical legal breaches rather than a client’s factual innocence to overturn convictions. We read of charges being stayed due to prosecution delays and necessary evidence being ruled inadmissible due to Charter infractions. Could it be that an accused’s defence counsel sees advancing the law by presenting cases that call for new interpretations of rights as being just as important as protecting the innocent from wrongful conviction? A case from Renfrew County in Eastern Ontario is an example.
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May 15, 2024
Manitoba Court of Appeal addresses reasonable inferences in murder decision
The courts have grappled with how to treat circumstantial evidence for years, and the problem of what constitutes reasonable inferences still arises. This is evident in the Manitoba Court of Appeal decision of R. v. O’Hanley, 2024 MBCA 29.