Criminal
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November 06, 2024
What if the Menendez case happened in Canada? | John L. Hill
The 1989 murders of Kitty and Jose Menendez gripped the American and, to a lesser degree, Canadian public. During their trials, the lawyers for Erik and Lyle Menendez urged juries to believe they were victims of emotional, physical and sexual abuse. But the brothers were young men (then aged 18 and 21), and many believed men weren’t subject to being raped. Men were expected to tolerate extreme pressures without having to act out violently. The district attorney found an even more probable motive. The Menendez siblings were portrayed as rich kids scheming to abscond with their parents’ fortune. They went to court in 1993, but a mistrial was declared. Then again, in 1995, they admitted to shooting their parents with weapons purchased a few days before the murders. They claimed self-defence. The defence failed, and they were convicted of first-degree murder and sentenced to life imprisonment without eligibility for parole.
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November 05, 2024
Navigating your clients in the age of money laundering
In an era increasingly marked by sophisticated financial crimes, lawyers face a daunting challenge: balancing their ethical obligations to report suspicious transactions with the potential fallout of such reports. The risk of clients fleeing upon detection of scrutiny can jeopardize not only the attorney-client relationship but also the firm’s reputation and financial health. This article explores strategies for effectively managing client relationships when faced with the responsibility to report suspicious activities under anti-money laundering (AML) regulations.
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November 05, 2024
Charter did not provide immunity for criminal conduct in COVID protest: Alberta Court of Appeal
Alberta’s top court has upheld a conviction of inciting mischief against a Calgary pastor for his role in protests against COVID-19 restrictions that saw the Canada-U.S. border shut down for two weeks, with his lawyer calling the ruling a “landmark” that provides a framework to law enforcement to curtail political speech and criminalize those who speak in favour of protestors.
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November 05, 2024
SENTENCING - Weapons offences - Breach of undertaking or recognizance
Appeal by Crown from the sentence imposed by the judge against Chief. The Crown argued that the sentence was unfit given the seriousness and dangerousness of the offences and Chief’s degree of moral blameworthiness, that the judge erred in finding exceptional circumstances and in finding that the mandatory minimum sentence under s. 99(2)(a) of the Criminal Code ("Code") violated Chief’s right under s. 12 of the Canadian Charter of Rights and Freedoms ("Charter").
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November 05, 2024
Manitoba Court of Appeal overturns conditional sentence
Dawson Paul Alexander Chief was only 19 in 2018 when he found a modified starter pistol and nine bullets wrapped in a sock left in a back alley.
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November 04, 2024
Alberta Bill of Rights amendments confirm that rights are subject to limits, not absolute: law prof
Alberta legislators are considering an expansion of the province’s bill of rights to include protections against forced medical treatment and expropriation of land, but legal experts are saying the ultimate impact of the changes is likely not as strong as some might think.
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November 04, 2024
Judicial appointment announced for Nova Scotia
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Jillian Barrington as a judge of the Supreme Court of Nova Scotia (Family Division) in Halifax, a Nov. 1 news release announced.
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November 04, 2024
Deliver us from evil | Norman Douglas
It is the day after Halloween.
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November 04, 2024
People sent to prisons as punishment, not for punishment | John L. Hill
Amos Fenderson and Keith Clark have something in common. Fenderson was a man incarcerated at the Peoria County Jail in Illinois who harmed himself three times in less than a month. Instead of sending him to the hospital, jail staff placed him in a restraint chair. Staff did the same thing to Clark when he suffered self-harm-related injuries the next day.
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November 01, 2024
Narrow, complex decision has SCC decide on eligibility for preliminary hearings
Canada’s Supreme Court has ruled that two men accused of sex crimes and each facing a maximum of 10 years in prison were entitled to preliminary inquiries — even though legislative changes made during their criminal proceedings restricted such hearings to those facing a maximum of 14 years.