Poor Richard III! Shakespeare’s play portrays him as a villain and a murderer. Killed in battle 500 years ago, his remains were discovered in 2012 under a parking lot in Leister, England. Another battle ensued about where to bury him. The Government had granted a burial license to the City of … [Read more...]
Bench Press 38-5: Justice is Blind
The Alberta Court of Appeal recently faced an interesting dilemma when pondering how to sentence a legally blind man. The accused had been found guilty of sexual assault. He was legally blind and had used a guide dog since he was 17. The trial judge feared for his safety in prison and worried that … [Read more...]
Bench Press 38-5: Balancing Work and Family
Fiona Johnstone began a long odyssey through Canadian courts when she encountered difficulties in finding childcare for her two toddlers so that she could continue to work for Canada Border Services. A childcare expert testified that Ms Johnstone faced a very difficult work environment: different … [Read more...]
Bench Press 38-4: Cabinet Ministers Breaking the Law
Several environmental groups took the federal ministers of oceans and fisheries and the environment to Federal Court seeking a declaration that they must act to protect endangered species. Madame Justice Anne McTavish granted them the declaration they sought. She noted that the Species at Risk Act … [Read more...]
Bench Press 38-4: Vampire Slayer Victim of a “cruel and unforgiving illness.”
Glen Race murdered two Halifax men in 2007. He pled guilty to both charges and then made an application to be found not criminally responsible (NCR). Mr. Justice Kevin Coady of the Supreme Court of Nova Scotia reviewed the law and the legal requirements for a convicted person to be found not … [Read more...]
Bench Press 38-4: “Ski Buddy” Liability
Mark Kennedy of Colorado died on a heli-skiing expedition when he fell into a tree well. His widow claimed that he had been paired with a “ski-buddy” who was contractually obliged to stay close to him, keep him in sight and assist or alert guides and other skiers if he saw that his buddy needed … [Read more...]
Bench Press 38-4: Alberta Statutes in English Only
Gilles Caron, of Edmonton, was issued a traffic ticket in 2003. Mr. Caron, whose first language is French, fought the ticket, arguing that the ticket, Alberta statutes and his court hearing should all be available in French. A provincial court judge dismissed the ticket charge, finding that the … [Read more...]
Bench Press 38-3: Driving by Necessity
Two friends in Nova Scotia, Deegan and Pleau, shared a few beers while their wives went to bingo. On a cigarette break, Deegan fell down the stairs, gashing open his skull and sustaining a concussion. He was incoherent and having trouble breathing. Their wives had the keys to the apartment and … [Read more...]
Bench Press 38-3: First Case Under the Justice For Victims of Terrorism Act
Dr. Sherri Wise of Toronto was severely injured in a Hamas terrorist bomb attack in Israel in 1997. She has made a claim against Iran for compensation for her injuries under the Justice for Victims of Terrorism Act (JVTA) which was passed by the Canadian parliament in 2012. However, an American … [Read more...]
Bench Press 38-3: Would You Like Fries With That?
A solicitous mom packed 15 pieces of fried chicken into her son’s luggage when he returned to Canada from a visit home to El Salvador, so that he would have something to eat when he got home. Her unknowing son checked “no” on the Customs Declaration asking if he was bringing meat products into the … [Read more...]