Access to Justice
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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.
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June 04, 2024
Dollars and cents: Budgeting to access justice
Amidst an ongoing crisis of “access to justice” — which was decried by entertainer Robin Williams, among others, 40 years ago — one potent, but often overlooked, means of increasing accessibility is a meaningful costs award.
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June 04, 2024
N.S. files first plan to revamp housing for those with disabilities
Nova Scotia’s government has submitted its first annual progress report as part of a five-year plan to “remedy” discrimination in the housing of those with disabilities.
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June 04, 2024
Cellphones in Ontario schools: Social media dangers | Marvin Zuker
Policy Program Memorandum 128 (PPM 128) references PPM145 and Progressive discipline, i.e. go to the principal’s office, who may scold you or suspend you, and I say so what?
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June 04, 2024
Appeal decision illustrates perils of unexpected witness responses
Young trial lawyers are always advised not to ask a witness a question unless counsel already knows the answer. A breach of that advice may lie at the heart of the contentious issues before the Ontario Court of Appeal in R. v. T.C., 2024 ONCA 304.