Criminal
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December 04, 2024
Judge in kidnapping case erred by disregarding evidence on complainant’s work in sex trade: court
Ontario’s top court has overturned the conviction of a man who had been accused of multiple violent crimes, saying the trial judge incorrectly used Canada’s so-called rape-shield law to ignore all the complainant’s evidence regarding her activities as a sex worker.
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December 04, 2024
Why Alberta Court of Appeal dismissed ineffective counselling claim in sex assault case
Darius Clarke appealed his conviction for sexual interference and sexual assault, claiming that he had ineffective assistance of counsel. He also blamed the trial judge for misapprehending the evidence of where DNA was found on the complainant. He was also critical of the trial judge’s acceptance of the complainant’s testimony and finding it credible. The Alberta Court of Appeal dismissed Clarke’s appeal in written reasons handed down on Oct. 31, 2004 (R. v. Clarke, 2024 ABCA 346).
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December 03, 2024
Ontario Place development not transparent, no effective process in place for opioid crisis: auditor
Ontario’s auditor general is calling out the province for its transparency as part of the redevelopment of Ontario Place while also saying the government does not have effective processes in place to meet the “challenging and changing nature” of the opioid crisis.
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December 03, 2024
BCSC panel imposes over $18M in sanctions for crypto trading platform fraud
A panel of the British Columbia Securities Commission has imposed a financial sanction of $18.4 million on a B.C.-based crypto trading platform, finding that it lied to customers and diverted $13 million of its assets to gambling.
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December 03, 2024
Judicial appointment announced in Nunavut
Prime Minister Justin Trudeau announced the appointment of Susan Cooper as the chief justice of the Nunavut Court of Justice, a Nov. 29 news release announced.
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December 02, 2024
Ottawa lists Houthis as terrorist entity under Criminal Code
The federal government has listed “Ansarallah,” commonly known as the Houthis, as a terrorist entity under the Criminal Code.
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December 02, 2024
Manitoba expands electronic monitoring program to smaller communities
Manitoba is expanding its electronic monitoring program to rural areas — along with technology able to alert victims as to the “close proximity” of their alleged assailant.
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December 02, 2024
Procedural issues central to successful sex trafficking appeal
Ontario Court Justice Christine Malott described Zuhair Gorges as “a violent man with a criminal record full of violent offences,” according to a report in the Windsor Star. Gorges was convicted of kidnapping, assault, assault with a weapon, uttering death threats and exercising control to facilitate exploitation — a human trafficking offence.
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December 02, 2024
EVIDENCE - Witnesses - Credibility - Prior inconsistent statements - Examination
Appeal by appellant against his conviction for sexual interference and sexual assault. The complainant testified that the appellant touched her and penetrated her vaginally without her consent. The appellant admitted to attempting to have intercourse with the complainant but claimed that he failed due to his inability to achieve an erection. He denied having any sexual contact with the complainant.
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November 29, 2024
SCC rules B.C. law allowing multi-Crown class action to recover opioid-related costs is valid
In a groundbreaking judgment that confirms that multi-governmental class actions that reach across provincial and territorial boundaries are possible under Canada’s constitutional structure, the Supreme Court of Canada has ruled provinces have the constitutional competence to enact multi-Crown class action legislation.