Access to Justice
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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.
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December 09, 2024
N.B. top court reinstates guilty verdict in impaired driving case
New Brunswick’s High Court has reinstated a man’s impaired driving conviction after it was found the trial judge was right to convict him — despite his rights being violated during talks with police about contacting a lawyer.
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December 09, 2024
Dogs as weapons
In a recently decided case, the Manitoba Court of Appeal upheld a conviction of a woman for assault with a weapon (R. v. Park, 2924 MBCA 93). The weapon was her dog, a six-year-old American pit bull that Park has trained as her pet. The court accepted a victim’s evidence that Park had told the dog to “sic ’em,” and this resulted in bites and injuries to two individuals.
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December 06, 2024
B.C. Court of Appeal overturns order allowing third-party claim in Aboriginal title case
The B.C. Court of Appeal has upheld an order adding a First Nation as a defendant in another First Nation’s Aboriginal title claim — but overturned an order permitting the additional First Nation to file a third-party claim, citing potential delays.
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December 06, 2024
Transferred intent comes under consideration in pit bull assault decision
The Manitoba Court of Appeal upheld convictions for a woman found guilty of assaulting two people with a weapon. The weapon was her pet bulldog (R. v. Park, 2024 MBCA 93).
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December 06, 2024
Indoctrination vs. education | Maria Mahmoudian
The story of Mohammad Hossein Fahmideh’s martyrdom during the Iran-Iraq War (1980–1988) serves as a striking example of how indoctrination can infiltrate an education system, shaping the beliefs and actions of youth. Fahmideh, a 13-year-old boy who sacrificed his life by blowing himself up under an Iraqi tank, was heralded as a national hero and martyr. This narrative was used by the Iranian government to mobilize young people for the war effort, embedding ideological conformity within the educational system.
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December 05, 2024
Saskatchewan introduces ‘fair and balanced’ changes to employment laws
Saskatchewan’s government is proposing legislative changes lawmakers say will both support employees and reduce “administrative burden” for employers.