BenchPress – Vol 40-5

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1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability.  Winnie Mou was dismissed from her position after failing to meet work targets.  She had missed three weeks of work due to a deep tissue injury, and several months later had a […]

Making a Mockery of the Justice System

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The new Netflix obsession, Making a Murderer, is a sensation. Blogs, news programs, articles, magazines, newspapers and water cooler conversations are all immersed in the quest to answer the eternal question: did he do it? The evidence seems to point in both directions. The Netflix documentary itself shines heavy light on the absurdity and outrageousness […]

BenchPress – Vol 40-4

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Gonzo Language! The Federal Court of Appeal used some unusually strong language in a recent judgment about a claim for costs. The claim was made by the two lawyers who successfully challenged the appointment of Judge Marc Nadon to the Supreme Court of Canada. Together, the two lawyers asked for almost $70,000 in costs. The […]

Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality

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A few months ago, this human rights column was about the Ontario Court of Appeal’s decision in R v Kokopenace, 2013 ONCA. The major issues in Kokopenace were the scope of the right to representativeness on the jury roll (a list of persons who are eligible to serve on a jury) under sections 11(d), 11(f) and/or […]

BenchPress 39-5: A Jury of Your Peers?

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An Ontario Aboriginal man has had his conviction for manslaughter re-instated by the Supreme Court of Canada.  Clifford Kokopenace was originally convicted in 2008.  However, the Ontario Court of Appeal overturned his conviction because the jury at his trial did not have any Aboriginal members. It ruled that this omission violated his Charter guarantee to […]

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