Access to Justice
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December 04, 2024
Why Alberta Court of Appeal dismissed ineffective counselling claim in sex assault case
Darius Clarke appealed his conviction for sexual interference and sexual assault, claiming that he had ineffective assistance of counsel. He also blamed the trial judge for misapprehending the evidence of where DNA was found on the complainant. He was also critical of the trial judge’s acceptance of the complainant’s testimony and finding it credible. The Alberta Court of Appeal dismissed Clarke’s appeal in written reasons handed down on Oct. 31, 2004 (R. v. Clarke, 2024 ABCA 346).
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December 03, 2024
Privacy Commissioner: New Ontario law regulating AI in public sector has significant shortcomings
Ontario’s privacy commission Patricia Kosseim has said that a lack of transparency and explicit independent oversight in a recently passed bill addressing the use of artificial intelligence (AI) systems at public sector entities should be a “cause of concern of Ontarians.”
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December 03, 2024
Removal of right to sue in Ontario bike lane legislation leads to ‘slippery slope’ concerns: lawyers
Municipal politicians and cyclists have expressed strong opposition to Ontario’s recently passed law permitting the removal of bike lanes in Toronto and other cities, but members of the personal injury bar are raising concerns about limitations in the legislation on the ability to sue for people who may become injured or die as a result of the lanes being taken out — which they say could lead to a “slippery slope” of such provisions being included in other legislation.
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December 03, 2024
B.C. expands public sector whistleblower protections to research universities and WorkSafeBC
British Columbia has expanded the scope of the province’s whistleblower protection legislation, the Public Interest Disclosure Act (PIDA), to include research universities and WorkSafeBC, according to a release.
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December 02, 2024
Alberta to end ‘cash cow’ photo radar on highways in 2025
The Alberta government has announced it will end photo radar ticketing on numbered provincial highways effective April 1, 2025, saying photo radar will be eliminated where revenue is generated with no traffic safety benefit.
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December 02, 2024
Transport Canada faces possible class action over alleged water contamination in Newfoundland town
A proposed class action against Transport Canada has been filed in the Federal Court concerning microplastic forever chemicals found in the drinking water of a Newfoundland and Labrador community.
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December 02, 2024
Manitoba expands electronic monitoring program to smaller communities
Manitoba is expanding its electronic monitoring program to rural areas — along with technology able to alert victims as to the “close proximity” of their alleged assailant.
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December 02, 2024
Procedural issues central to successful sex trafficking appeal
Ontario Court Justice Christine Malott described Zuhair Gorges as “a violent man with a criminal record full of violent offences,” according to a report in the Windsor Star. Gorges was convicted of kidnapping, assault, assault with a weapon, uttering death threats and exercising control to facilitate exploitation — a human trafficking offence.
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November 29, 2024
Federal Court certifies class action over alleged illegal interceptions of prisoner communications
The Federal Court has certified a class action against the government over allegations that the Correctional Service of Canada (CSC) illegally intercepted private communications of incarcerated people, including those protected by solicitor-client privilege.
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November 29, 2024
LSO addresses new working groups, information on confidentiality of investigations
Ontario’s law society used its November Convocation to unveil a new working group focusing on the “long-term future” of the province’s paralegals and to codify rules around the confidentiality of information gathered in tribunal investigations.