Criminal
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November 11, 2024
APPEALS - Grounds - Miscarriage of justice
Appeal by Derksen from his jury conviction for second degree murder on grounds that trial judge erred by concluding a corrective instruction was sufficient to address risks to trial fairness that arose from Crown's closing submissions. The appellant and his then girlfriend, Lafferty, picked up Aden from a correctional facility. Two days later, a third-party spotted Aden’s dead body with multiple gunshot wounds including two fatal gunshot wounds to the back of the head.
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November 11, 2024
Overturned sex assault charge destined to attract critics
When A.R. and J.E. moved to Ontario in 2012, A.R.’s daughter from a previous relationship, T.R.S., stayed behind to live with her father. But when T.R.S. was 11 years old, her father became terminally ill and could not take care of T.R.S. A.R., and J.E. agreed to take her in.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
Appeal court urges caution in use of ‘extrinsic misconduct’ evidence in criminal trials
Criminal court judges must be mindful to not allow “bad character” evidence to “creep” its way into proceedings without first weighing its validity and potential impact, says the lawyer for a Saskatchewan man given a new trial for alleged sex crimes against a stepchild.
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November 08, 2024
Breaking the (world) bank | Marcel Strigberger
“My object so sublime, I shall achieve in time, to let the punishment fit the crime, the punishment fit the crime.” — The Mikado
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November 08, 2024
Crime, punishment … and redemption? A Q&A about the Menendez brothers
You might have seen Lyle and Erik Menendez in the news recently.
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November 06, 2024
Police-reported sexual assaults went up, but charges, convictions & custodial sentences went down
Sexual assaults reported to police went up from 2015 to 2019, but such offences were less likely to result in charges, court proceedings, convictions or jail time than in the previous five-year period, Statistics Canada reports.
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November 07, 2024
Confidentiality, compliance: Navigating challenges of reporting suspicious transactions in 2024
In the complex landscape of legal practice, lawyers often find themselves navigating the delicate balance between complying with anti-money laundering (AML) regulations and maintaining client confidentiality. The duty to report suspicious transactions can create tension that threatens the trust essential to the attorney-client relationship. In 2024, as regulatory scrutiny intensifies, it is imperative for lawyers to develop strategies that reassure clients while fulfilling their legal obligations. This article explores the challenges lawyers face in this area and presents actionable solutions to foster trust and transparency.
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November 07, 2024
Molecular evidence in courts
Nucleic acids serve as the molecular blueprint upon which the development and function of all living organisms rely. These complex molecules carry genetic information that controls cellular structure and biochemical reactions essential to sustain life.
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November 06, 2024
Alberta bill changes electoral boundaries, rules for court evidence
The Alberta government has introduced legislation that it says will ensure fairer electoral representation and increase access to justice.