Access to Justice
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December 18, 2024
More evidence courts are ‘not well-oiled machines’
Trial delay is a significant concern, as the public is increasingly puzzled that serious charges are dismissed because it took too long to bring the matter to trial. This frustration was echoed in British Columbia Premier David Eby's statement, quoted in the July 24 issue of the Vancouver Island Free Daily as saying, "Not one case should be dismissed this way."
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December 17, 2024
Collateral consequences of conviction
Two cases dealing with the consequences of a conviction were argued in different provinces in 2024. R. v. Simpson, 2024 MCA 82, was argued on April 26, and the reasons were handed down on Oct. 24. The trial in the Supreme Court of British Columbia in R. v. Astudillo, 2024 BCSC 2234, was held during April and the summer, and the judgment was delivered on Dec. 10. Both decisions deal with the collateral consequences of a conviction but arrive at a similar conclusion through different routes.
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December 17, 2024
Vavilov at five | Sara Blake
Five years ago, on Dec. 19, 2019, the Supreme Court of Canada, in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, re-set the standard of review for questions of statutory interpretation. In that case, and two others decided in the same week, the court demonstrated how the new standard of review is to be applied.
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December 17, 2024
Parastoo Ahmadi’s groundbreaking concert: Symbol of defiance and hope | Maria Mahmoudian
In a momentous event that defied the oppressive norms of the Iranian regime, Parastoo Ahmadi recently held a concert without wearing a hijab. This courageous act of defiance took place at an undisclosed, clandestine location in Tehran, with tight security and limited attendance to ensure the safety of the performer and her audience. The concert, held this month, has since become a landmark in the struggle for women's rights and freedom of expression in Iran.
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December 16, 2024
Security versus compassion | David Dorson
One of the men I got to know in prison — let’s call him Dan — had been there for many, many years, convicted of killing a family member. He was what one might call a model prisoner. He lived a quiet life, played many useful roles in the prison, tried hard to be helpful to newcomers, and involved himself in prison activities. I never heard him say a harsh word to anyone. He was widely trusted both by staff and other prisoners.
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December 13, 2024
Nova Scotia education minister moves to justice file
Nova Scotia has a new justice minister. Lawyer and former education minister Becky Druhan has been given the job of justice minister and attorney general following the Progressive Conservatives’ recent re-election as a majority government.
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December 13, 2024
Eight-paragraph appeal Court decision could benefit from analysis of trial judge’s reasoning
Two men were charged after police executed a search warrant at a Peterborough residence on March 6, 2020. Peterborough Police issued a press release stating that the force’s Intelligence Crime Analyst Drug Unit (ICAD) and the Emergency Response Unit executed the Controlled Drugs and Substances Act (CDSA) search warrant at a Bethune St. address. There, police located a quantity of cocaine and Canadian currency along with a .45-calibre handgun.
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December 12, 2024
Why reasoning error leads to new trial after sex assault appeal
A stepfather, S.H., was convicted and sentenced to seven years imprisonment for historical sexual assaults on his two stepdaughters. The two stepdaughters were the Crown’s only witnesses. The case turned on their credibility. The trial judge found both complainants wholly credible and reliable and listed three factors that caused him to “doubt” the appellant’s testimony.
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December 11, 2024
Canadian property firms face proposed class action alleging rental price fixing
Canadian Apartment Properties Real Estate Investment Trust (CAPREIT), RioCan Real Estate Investment Trust and a dozen other rental property owners and management companies are facing a proposed class action lawsuit over allegations they conspired to artificially inflate rental prices in Canada.
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December 11, 2024
Subjective prejudice analyzed in Manitoba Court of Appeal theft decision
In a first-year criminal law class, it is taught that ignorance of the law is no excuse. However, does ignorance of the collateral consequences of a guilty plea provide a situation where there can be a miscarriage of justice? Should an accused person’s sentence be upheld if that person has not been fully appraised of the collateral consequences of a sentence to which a guilty plea is entered? That was the question before the Manitoba Court of Appeal in the case of R. v. Simpson, 2024 MBCA 82.