Criminal
-
April 11, 2025
Conditions in Ontario jails have now become an international embarrassment
Sharif Rahman was on life support in a London, Ont., hospital after he was attacked outside the Curry House restaurant in Owen Sound, Ont. Rahman was a 44-year-old man originally from Bangladesh. He studied economics before obtaining a master’s degree in international development at the University of Glasgow. He bought the Curry House in Owen Sound in 2015. He remained unresponsive, having suffered a brain injury in the Aug. 17, 2023, assault. He died in the hospital a week later.
-
April 10, 2025
Successful murder appeal: Defence deprived of right to have alternative theories advanced
In a 7-2 decision, the Supreme Court of Canada confirmed an order for new first-degree murder trials for an Ontario woman and three others who were convicted in an attack on her parents.
-
April 10, 2025
SCC upholds new trial for woman at centre of alleged plot to kill parents
In what is the latest chapter in a long and bizarre murder case, the Supreme Court of Canada has upheld a new trial for Jennifer Pan — an Ontario woman who had been convicted of first-degree murder for allegedly plotting to have her parents killed in a staged home invasion.
-
April 10, 2025
Ontario court rules virtual access not required under open court principle
The Ontario Superior Court has ruled that denying virtual access to court proceedings does not violate the open court principle, clarifying that the principle does not guarantee the public’s right to be present in the courtroom.
-
April 10, 2025
Constitutional clash brewing as Ottawa targets immigration bar with up to $1.5 million in admin penalties
Bar organizations are warning Ottawa that a new administrative monetary penalty regime to be applied to legal professionals — featuring penalties of up to $1.5 million for immigration and refugee lawyers determined by federal officials to have participated in clients’ misrepresentations — will be constitutionally challenged if lawyers are not exempted from the proposed regulations, which are expected to come into force later this year.
-
April 10, 2025
Federal Court rejects Canada's motion to strike class action alleging RCMP doctors' misconduct
The Federal Court has dismissed a motion by Canada for an order to strike out portions of a statement of claim and to amend common issues in a class-action proceeding related to alleged abuses by medical doctors employed by the RCMP.
-
April 10, 2025
Credibility finding in sexting case
I recently blogged about an Ontario case that discusses the issue of whether prior communications about sex are relevant in a sexual assault trial. Confusion often arises on this question because of the subtle distinction between threshold relevance and ultimate relevance, and the consequent failure to keep these concepts distinct in admissibility hearings under the s. 276 regime of the Criminal Code.
-
April 10, 2025
PROCEDURE - Trial judge’s duties - Charge or directions
Appeal by Crown and cross-appeals by Pan, Mylvaganam, Wong and Crawford (collectively the “Respondents”) from judgment of the Ontario Court of Appeal, which set aside convictions for first-degree murder and ordered a new trial, and affirmed convictions for attempted murder.
-
April 09, 2025
New $1 coin marks the creation of the Supreme Court of Canada 150 years ago
The Supreme Court of Canada marked a milestone birthday on April 8, 2025, 150 years after it came into existence on April 8, 1875, when the Supreme and Exchequer Courts Act received royal assent. The composition, powers and importance of the world’s only bilingual and bijural apex court have evolved considerably since the court first sat in 1876, after the original six-judge bench was appointed.
-
April 09, 2025
Appeal dismissed: Lack of timely objections by defence counsel sways court
Judges can sometimes make mistakes. Challenging a judicial decision can result in a judge wrongly deciding legal issues, making factual errors or using improper procedures. However, the chances of success in overturning a conviction are remote when the errors result from the defence counsel’s action.