Criminal
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October 22, 2024
B.C. Court of Appeal upholds misconduct finding against lawyer in foreclosure case
The B.C. Court of Appeal has upheld a professional misconduct finding against a veteran Vancouver lawyer who failed to make inquiries when he should reasonably have been suspicious that his client was, or might be, involved in illegal activities.
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October 22, 2024
APPEALS - Grounds - Unreasonable verdict - Substitution of verdict - Right of - By accused
Appeal by Mohamed against the trial judge's verdict finding him guilty of possession of cocaine for the purpose of trafficking. Mohamed argued that the trial judge erred in finding that he did not have standing to challenge the search warrant and that the only reasonable inference from the circumstantial evidence was that he possessed the cocaine. Furthermore, the verdict was unreasonable because there was no evidence that Mohamed knew about the cocaine.
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October 22, 2024
Prairie court examines expansion of challenges for cause in jury selection
Saskatchewan’s Court of Appeal has moved “the line in the sand” when it comes to challenges for cause in jury selections, says the lawyer of a man accused of murder who was granted a new trial after it was found a judge was wrong to bar him from challenging prospective jurors on their possible bias toward gang members.
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October 22, 2024
Release the names of Nazi war criminals in Canada | Sergio R. Karas
On Sept. 22, 2023, a deplorable act of historical ignorance and moral failure unfolded in the House of Commons. During Ukrainian President Volodymyr Zelensky’s address, former Speaker of the House Anthony Rota paid tribute to Yaroslav Hunka, who is alleged to be a former member of the Nazi Ukrainian Waffen SS, hailing him as a “hero” and prompting a standing ovation from lawmakers.
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October 21, 2024
Cybersecurity recovery costs for businesses soared to $1.2B in 2023 despite fewer incidents
Canadian businesses spent approximately $1.2 billion on recovery from cybersecurity incidents in 2023, up from approximately $600 million in 2021, despite a decline in the proportion of Canadian businesses impacted by such incidents, according to Statistics Canada's Canadian Survey of Cyber Security and Cybercrime (CSCSC).
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October 21, 2024
Overturning wrongful convictions | John L. Hill
Let’s face it. Fighting wrongful convictions is hard. Attending the 10th Annual International Wrongful Conviction Day in Toronto in early October was inspiring. Many exonerees were piped into the auditorium. It was easy to think that finding and helping the wrongly convicted is an easy or usual task. Our assumption that our criminal justice system works perfectly blurs the fact that injustice happens more frequently than we dare to admit.
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October 21, 2024
Rape exemptions to abortion bans don’t work: Legal conundrums | Abby Hafer
In my recent articles on why rape exemptions to abortion bans don’t work, I have covered many of the real-world problems that show how these seemingly kindly exemptions are in reality ugly and meaningless.
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October 18, 2024
SCC rules driving bans not available for sentencing criminal negligence causing death or bodily harm
In a ruling that may impact an unknown number of existing and expired driving prohibitions, the Supreme Court of Canada has ruled 5-4 that since Criminal Code changes (Bill C-46) went into effect on Dec. 18, 2018, sentencing judges no longer had the discretion to impose driving bans for the offences of criminal negligence causing death or bodily harm.
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October 18, 2024
6 new Indigenous justice centres opening in British Columbia
The BC First Nations Justice Council (BCFNJC) has announced that six new Indigenous Justice Centres (IJCs) will be opening up in the province by December 2024, saying this would allow more Indigenous people to have access to free and culturally safe legal services.
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October 18, 2024
Canada amends enforcement regime to combat sanctions evasion
On Aug. 19, 2024, amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and related regulations came into force.