A Quebec man had his hopes and his fortune dashed when the Supreme Court of Canada decided recently to dismiss his application for leave to appeal a decision of the Quebec Court of Appeal. Joel Ifergan scooted into a convenience store just before 9 pm in 2008 and bought two lottery tickets for that … [Read more...]
Bench Press 39-3: Tragic Tale of Two Girls
Two young aboriginal girls both had been diagnosed with the same type of aggressive cancer and both were receiving chemotherapy for their illness. In both cases, their mothers decided to withdraw their children from conventional cancer treatment and pursue aboriginal healing methods. In one case, … [Read more...]
Bench Press 39-2: Estranged Father and Daughter
An Edmonton father and daughter had not had any face-to-face communication since 2010. The father was paying child support of $1054.00 per month. He asked the court to terminate or reduce his support obligation since she turned 18 on the grounds that he had no proof that she had attended elective … [Read more...]
Bench Press 39-2: Unprecedented Sentence of 75 Years
Justin Bourque, the 24-year-old Moncton man who gunned down three RCMP officers this spring has been sentenced to a 75-year prison sentence. He will not be eligible for parole until he is 99 years old. This is the longest sentence in Canadian history and the most severe penalty since the death … [Read more...]
Bench Press 39-2: Reining on the Parade
The Calgary Stampede Authority and the Street Church Evangelism Ministries International Foundation (Street Church) have been clashing for years over the Church’s participation in the Calgary Stampede parade. Things came to a head in 2012. The City of Calgary passed an amendment to its Traffic Bylaw … [Read more...]
Bench Press 39-2: Who Calls the Shots on Treatment Orders?
A judge issued a treatment order for an accused in a psychotic state. The Crown indicated that a bed in one hospital would be available in six days. The judge ordered treatment “forthwith” at another hospital. Court services delivered the accused to the first hospital and left him in the hallway. … [Read more...]
Bench Press 39-1: Records from Residential Schools
An Ontario Superior Court of Justice judge has ruled on the question of what should happen to the historical records created by the Truth and Reconciliation Commission that examined the Indian Residential Schools. The Chief Adjudicator for the Independent Assessment Process, which looked at … [Read more...]
Truth in Sentencing Act Fails Again
For the second time this year, courts have found fatal flaws in sections of the federal Truth in Sentencing Act. In April the Supreme Court of Canada ruled that judges could give 1.5 days credit for every day an offender spends in pre-trial custody when determining a sentence, despite the Act’s … [Read more...]
Bench Press 39-1: The Facebook Factor
A Nova Scotia judge has ruled that a plaintiff’s Facebook usage history data can be accessed by a lawyer defending a personal injury claim. The lawyer was seeking the data under the disclosure of documents rule in the Nova Scotia Civil Procedure Rules. The Plaintiff was alleging that her ability … [Read more...]
Bench Press 38-6: Limits to “Mr. Big” Stings
Police in Newfoundland suspected that Nelson Hart deliberately drowned his twin daughters but had no proof. They began an elaborate hoax to recruit Mr. Hart into a fictitious crime ring. After about 15 months of activity, it culminated in a meeting with “Mr. Big” who was presented as the head of … [Read more...]
