Access to Justice
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December 20, 2024
Trudeau unveils new cabinet with strong legal background as NDP threatens confidence vote
With his faltering government facing a non-confidence motion as early as Jan. 27, Prime Minister Justin Trudeau has introduced eight new cabinet ministers whose tenure may last only weeks.
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December 20, 2024
Why some sentences are more equal than others
On June 17, Emil Marian Stan and his co-accused Nicoleta Rusu were sentenced after being arrested and tried for a sophisticated shoplifting scheme. Over eight months, Stan and Rusu stole $40,000 worth of high-end products from Shoppers Drug Mart and Lululemon. Rusu wore clothing to conceal the items she stole and Stan assisted by using devices to jam security systems the stores used at their exits.
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December 19, 2024
Federal Court of Appeal orders reconsideration of maternity leave discrimination complaint
The Federal Court of Appeal has ordered reconsideration of an unjust dismissal complaint by an employee who was laid off after returning from maternity leave, finding that the adjudicator had not addressed key issues raised by the employee.
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December 18, 2024
Bill to form new Miscarriage of Justice Review Commission enacted into law
A bill replacing the ministerial review process for miscarriages of justice with an independent review commission has been enacted into law, the Department of Justice Canada announced in a news release.
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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.
Access to justice: The language of the litigant counts | Ruphine Djuissi
Access to justice in French is a critical issue for Francophones across Canada, particularly with respect to the availability of legal services in French, the quality of interpretation and translation, and equal language rights. It also includes access to French-speaking lawyers and court documents written in French. It is important to ensure that Francophones have access to legal services in their mother tongue or first official language.
Ontario committed to expanding Unified Family Courts but Toronto still lacking
Ontario’s government is vowing to continue working towards the expansion of Unified Family Courts across the province. But a local lawyer says that until a UFC is placed in the Toronto area, millions are being left to navigate a confusing, “two-tiered” family court system.