Criminal
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November 15, 2024
SCC majority overturns acquittals in first judgment on human trafficking provisions enacted in 2005
In pronouncing for the first time on the Criminal Code’s human trafficking provisions that came into force in 2005, the Supreme Court of Canada has overturned 7-2 a Nova Scotia man’s acquittals, ruling that the trial court erred in determining that the accused’s violence against his ex-spouse was evidence of “past discreditable conduct” outside the allegations in the indictment and, therefore, did not go to proving the essential elements of the offences in s. 279.01(1) and 279.02(1) of the Code.
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November 15, 2024
Manitoba details strategy for safer communities
Manitoba’s government has unveiled a sprawling new tough-on-crime strategy in a bid to create a safer province.
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November 15, 2024
Newfoundland moves to keep police equipment away from public
In response to what remains Canada’s deadliest mass shooting, Newfoundland and Labrador is proposing legislation that would keep police equipment, uniforms and cruisers out of the public’s hands.
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November 15, 2024
Ruling in Ontario sentence appeal should prove to be significant, lawyer says
Ontario’s top court has reduced the sentence of a man who pleaded guilty to several firearms offences, saying the trial judge overlooked principles that govern the sentencing of first-time youthful offenders and family separation consequences.
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November 15, 2024
Wait training | Marcel Strigberger
I’m mad as hell and I’m not waiting any longer! This was the reaction expressed by a lawyer colleague of mine, Franklin, after his doctor kept him waiting for over two hours. He bellowed, “I should send him a bill for my wasted time.”
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November 15, 2024
Administration - Inquiries - Disclosure of information
Appeal by media companies and journalists ("Appellants") against the Superior Court of Justice's dismissal of their application for certiorari to set aside the Youth Court's decision. The Appellants sought access to court records related to proceedings against eight young persons charged with second-degree murder.
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November 15, 2024
APPEALS - Misapprehension of or failure to consider evidence - New trial
Appeal by Crown from a judgment of the Nova Scotia Court of Appeal which upheld the dismissal of charges against the accused. The accused and the complainant lived in a common law relationship. The complainant stated that she was compelled by the accused to engage in sex work from which he primarily benefited. The accused was charged with trafficking in persons and receiving a material benefit from it.
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November 15, 2024
AI in the courtroom: Canadian Judicial Council’s new guidelines
With the rapid advancement of artificial intelligence (AI) technology, Canadian courts are under increasing pressure to address its impact. While some view AI as a possible threat to the rule of law and democracy within Canada’s justice system, AI also holds promise for enhancing court operations, reducing workloads, supporting judicial functions and improving access to justice.
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November 14, 2024
Federal government faces proposed class action over abuse of Indigenous children at group homes
The federal government is set to face another proposed class action concerning its historic policy of removing Indigenous children from their communities and families so they could attend provincially- and territorially-run group homes.
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November 14, 2024
Nunavut appeal court examines misapprehension of evidence by trial judge
Trial judges heading criminal proceedings must be mindful to not misapprehend evidence and thus risk raising doubt whether they came to a “true verdict,” says the lawyer of a Nunavut man given another shot at challenging allegations of sex assault.