Access to Justice
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July 10, 2024
When the defendant is an ice cream store
The concept of a corporation as a legal entity is far from simplistic. The principle of deterrence, which has a limited impact on individuals, can be a powerful tool for ensuring compliance in the complex world of businesses and government agencies.
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July 09, 2024
Alberta Court of Appeal decision weighs victim’s behaviour in decreasing sentence
On the evening of Jan. 6, 2020, 18-year-old Courtney Engelina Gruninger became yet another drunk driving statistic, the Lethbridge Herald reported on March 8, 2023.
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July 08, 2024
Judge’s intemperate remarks eclipse legal arguments in successful murder appeal
The city of Toronto was shocked upon hearing the news that first responders attending a North York townhouse at 2:15 a.m. on Thanksgiving Monday, Oct. 14, 2014, found 4-year-old Jaelin Roberto Colley was already dead.
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July 05, 2024
Trial judge’s comments lead to new trial for couple convicted of murdering four-year-old son
A Toronto couple convicted of murdering their four-year-old son has been granted a new trial after Ontario’s top court found that the actions of a trial judge who repeatedly urged the defendants to plead guilty to the lesser charge of second degree murder created a reasonable apprehension of bias.
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 05, 2024
Legal aid certificates in Alberta will end July 9 unless new agreement is reached
Alarm bells are being raised across Alberta’s justice sector about the potential stoppage of legal aid services in the province.
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July 05, 2024
Criminal appeal decision zeroes in on Browne v. Dunn
Criminal litigation usually refers to criminal cases and ignores cases reported in civil actions. One important exception is that criminal trial counsel must abide by the “rule in Browne v. Dunn.”
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July 04, 2024
Disclosure found to harm national security in CSIS collection of protestor information: Court
The Federal Court has allowed a disclosure application in part relating to allegations of the national intelligence agency unlawfully collecting and spreading information about groups protesting the Northern Gateway Pipeline.
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July 04, 2024
A primer on family mediation, part two
Historically, people in marital or common law relationships who decide to permanently separate would usually consult a family law lawyer for advice and recommendations on how to proceed. As a result of the change in the Divorce Act, since 2019, among the bar, there has been an increasing resort to mediation as a method of resolving family law conflicts.
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July 03, 2024
New foreign worker legislation takes hold in Saskatchewan
The start of July saw new laws in Saskatchewan aimed at better protecting foreign workers from “exploitation” and enhancing the monitoring of the province’s immigration system.