Criminal
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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.
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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").