Criminal
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October 24, 2024
Bangladesh or Canada: Motions judge considers child’s future
Justice Ian Nordheimer of the Ontario Court of Appeal, sitting as a motions judge, recently dealt with two applications: one from the mother and the second from the father of a Bangladeshi child. Z.M., the mother, and A.A., the father, brought their 13-month-old child with them on a three-week vacation in Canada. The couple held visitor visas and round-trip tickets, suggesting that their initial intention was to return home after completing their holiday.
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October 24, 2024
Appeal citing lack of general propensity warning to jurors dismissed
When B.B. went to jail in the summer of 2017, he hoped a relationship with a woman who had been his surety would continue. The two communicated while B.B. was in jail by phone and letter. When B.B. was released on Oct. 20, 2017, and allowed to serve his sentence on weekends, he lived at his former surety’s apartment.
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October 23, 2024
Ontario NDP, privacy commissioner unveil measures to improve safety of school children, educators
Members of Ontario’s Official Opposition NDP and the province’s information and privacy commissioner have announced separate initiatives aimed at improving the safety of school children and educators.
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October 23, 2024
Alberta Law Society tribunal decision to sanction first Black justice minister sparks controversy
Canada’s first Black justice minister and solicitor general was found guilty this month of undermining the public’s “respect for the administration of justice” in a Law Society of Alberta (LSA) tribunal decision that has sparked criticism from some legal ethics experts.
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October 23, 2024
FINTRAC warns lawyers to be alert to potential money laundering and sanctions-evasion schemes
The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has published a special bulletin on the use of the legal profession in money laundering and sanctions evasion, warning lawyers and businesses to be alert to the characteristics of financial transactions “that may be associated with the laundering of proceeds of crime through the legal profession.”
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October 23, 2024
Law as a window into community values and reflection of society’s future | David Peters
Law reflects both what society values now and points to the highest ideals of what society views itself to be and is moving towards. Law is both a window into current community values and a reflection of society's future.
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October 22, 2024
B.C. Court of Appeal upholds misconduct finding against lawyer in foreclosure case
The B.C. Court of Appeal has upheld a professional misconduct finding against a veteran Vancouver lawyer who failed to make inquiries when he should reasonably have been suspicious that his client was, or might be, involved in illegal activities.
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October 22, 2024
APPEALS - Grounds - Unreasonable verdict - Substitution of verdict - Right of - By accused
Appeal by Mohamed against the trial judge's verdict finding him guilty of possession of cocaine for the purpose of trafficking. Mohamed argued that the trial judge erred in finding that he did not have standing to challenge the search warrant and that the only reasonable inference from the circumstantial evidence was that he possessed the cocaine. Furthermore, the verdict was unreasonable because there was no evidence that Mohamed knew about the cocaine.
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October 22, 2024
Prairie court examines expansion of challenges for cause in jury selection
Saskatchewan’s Court of Appeal has moved “the line in the sand” when it comes to challenges for cause in jury selections, says the lawyer of a man accused of murder who was granted a new trial after it was found a judge was wrong to bar him from challenging prospective jurors on their possible bias toward gang members.
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October 22, 2024
Release the names of Nazi war criminals in Canada | Sergio R. Karas
On Sept. 22, 2023, a deplorable act of historical ignorance and moral failure unfolded in the House of Commons. During Ukrainian President Volodymyr Zelensky’s address, former Speaker of the House Anthony Rota paid tribute to Yaroslav Hunka, who is alleged to be a former member of the Nazi Ukrainian Waffen SS, hailing him as a “hero” and prompting a standing ovation from lawmakers.