Access to Justice
-
September 19, 2024
Bar groups, regulators condemn Manitoba NDP’s ouster of lawyer MLA over Nygard connection
The Law Society of Manitoba, the Federation of Law Societies of Canada (FLSC) and Crown and defence bar groups are deploring comments publicly made by Manitoba Premier Wab Kinew and Mike Moyes, chair of the governing NDP caucus, that purported to justify expelling a Winnipeg criminal lawyer from their caucus because he works at a law firm that defends Peter Nygard, a high-profile Manitoban recently convicted of multiple sex crimes.
-
September 19, 2024
Ontario estate decision ‘very pragmatic’ in approach to limitation periods, legal expert says
Ontario’s top court has ruled that a claim for unjust enrichment against an estate was statute-barred under the province’s Trustee Act, and a legal expert is saying the decision suggests a need to update the legislation to clarify limitation periods for claims against an estate.
-
September 19, 2024
Successful appeal of sex assault sentence parses locations described in s. 161(a) of Code
Some say the rising cost of tickets makes it impossible to enjoy a night at the movies. Lack of finances may be a bar to cinema attendance, but what about a court order restricting one from entering the building?
-
September 19, 2024
Harsher sentences: Not what the evidence says | Emily Stewart and David Dorson
Recently in this publication, retired judge Norman Douglas argued that Canada should have harsher penalties for some people who commit particularly heinous crimes, possibly including the death penalty. While appealing to some on an emotional level, Douglas’s argument does not fit the facts.
-
September 18, 2024
Appeal court addresses sentencing for man convicted of murder seven months from 18th birthday
On Dec. 7, 2019, B.J.M. was only seven months short of his 18th birthday when he fatally shot a rival gang member in the back.
-
September 18, 2024
More reasons why rape exemptions to abortion laws don’t work: Access | Abby Hafer
As I noted in my article of Sept. 13, 2024, anti-abortion activists will sometimes say that they would permit exemption to abortion bans in the cases of rape or incest. This can make their anti-abortion stance seem somewhat less cruel.
-
September 17, 2024
Court overturns certification of class action against GM over defective coolant systems
The Saskatchewan Court of Appeal has overturned the certification of a class action against General Motors (GM) concerning allegedly defective coolant systems in Chevrolet Cruze vehicles.
-
September 16, 2024
Federal Court CJ says huge funding shortfall for translation will delay rulings, access to justice
A new statutory duty that requires the Federal Court to simultaneously issue its “precedential” rulings in both French and English — without Parliament also providing the many millions of dollars the court needs to carry out its task — will spark judgment delays and exacerbate translation backlogs unless the government steps up with adequate resources, Federal Court Chief Justice Paul Crampton tells Law360 Canada.
-
September 17, 2024
Colonial powers and the Universal Declaration of Human Rights | Tega Adjara
The Universal Declaration of Human Rights (UDHR), adopted on Dec. 10, 1948, was a response to the shocking atrocities witnessed during the Second World War. Among its fundamental principles is Article 3, which states, “Everyone has the right to life, liberty and security of person.”
-
September 17, 2024
Film review: New documentaries challenge viewers on punishment, freedom, personal security
On the afternoon of Thursday, Sept. 12, I had the opportunity to watch two documentaries screened by the Toronto International Film Festival, one after the other. The movie selections were made by chance and seemingly unrelated. However, in retrospect, the two bore surprising similarities that explored a seldom understood concept of freedom.