Criminal
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May 27, 2024
New associate joins Henein Hutchison Robitaille
A recent news release announced the addition of Sarina Nezhadian as an associate at Henein Hutchison Robitaille LLP. Practising primarily civil litigation, Nezhadian will also be focusing on criminal and regulatory matters at the firm.
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May 24, 2024
SCC rules on privacy limits, pre-screening of ‘other sexual activity’ evidence in sex assault cases
The Supreme Court of Canada has cautioned reviewing courts against imposing overly expansive privacy restrictions in appeals concerning the admissibility in sexual assault trials of evidence of complainants’ “other sexual activity” while also giving guidance on the appropriate use of such evidence for context and credibility purposes.
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May 24, 2024
B.C. Supreme Court rules in favour of province on transition to municipal police force in Surrey
The Supreme Court of British Columbia has sided with the province in its push to create a municipal police force in the Metro Vancouver city of Surrey and end its longstanding policing contract with the RCMP.
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May 24, 2024
Ontario Convocation talks criminal charge disclosure, heats up over bullying, money for diversity
A committee with Ontario’s law society is considering recommending that the regulator expand the amount of lawyer information it makes public — including if a member has been hit with criminal charges.
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May 24, 2024
Grand theft d’auto: Parallel universe parking | Marcel Strigberger
“The road not taken ...” — Robert Frost. Actually, this story is about Oliver Frost, about a car not taken or, rather, not returned. This Frost of Montreal had his Honda CR-V recently pinched and, to boot, a few days later he received a parking ticket in the mail for $156. He complains wondering why his car was not flagged by the police in order to enable the parking officer to know the car was hot. If it were no doubt the officer may have thought twice about ticketing the vehicle. He may have said to himself, “Hmmm. Stolen car. What to do? Then again we are talking a fire hydrant. Let the owner work it out with the thief.” Who knows?
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May 24, 2024
EVIDENCE — Admissibility — Methods of proof — Complainant’s sexual activity
Appeal by appellant from a judgment of the British Columbia Court of Appeal which upheld his conviction for sexual assault. The appellant was charged with assaulting his spouse, the complainant. According to a statement made to police by the complainant, she and the appellant had consensual intercourse on the evening of April 1, 2018, and the appellant sexually assaulted her the following morning, on April 2, 2018.
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May 24, 2024
RECOGNIZANCES AND UNDERTAKINGS — Breach of
Appeal by Da Silva from his conviction for sexually assaulting LC and failing to comply with court order. The appellant argued that the trial judge misapprehended evidence regarding LC’s size and limp and erred in criticizing the defence submission that the trial judge must be sure of the appellant’s guilt before convicting him.
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May 24, 2024
The delisting of health-care providers by an insurer
Being delisted by an insurance company is one of the worst things that can happen to a health-care practitioner or clinic (each of which is referred to below as a “provider”).
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May 24, 2024
Lessons learned from the ‘get tough on car theft’ movement | John L. Hill
There is a saying that locks prevent honest people from breaking in. The statement seems an appropriate response to the proposed action by Justice Minister Arif Virani to combat rising auto thefts, as reported by John Schofield in Law360 Canada. The article quotes the justice minister as saying, “We know that auto thefts are increasing, and in some areas, these crimes are becoming more violent. This is why we have advanced changes to the Criminal Code that would provide new, stronger tools for enforcement and prosecutors.”
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May 23, 2024
Ottawa proposes Citizenship Act reforms that create new framework for ‘citizenship by descent’
Ottawa has proposed an overhaul of the federal Citizenship Act, which the minority Liberal government says includes a new framework for “citizenship by descent,” going forward, that would allow persons born abroad to Canadians beyond the first generation to access Canadian citizenship based on a “substantial connection” to Canada.