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...]
Whatever Happened To . . . Can. Aero v. O’Malley
Ethics disqualifies a director or senior officer from usurping for himself or diverting to another person or company with whom or with which he is associated a maturing business opportunity which his company is actively pursuing; he is also precluded from so acting even after his resignation . . . - … [Read more...]
Can Domestic Abuse Victims Qualify as Refugees?
A Comment on Matter of A-R-C-G et al The recently-released decision of the United States’ Board of Immigration Appeals (“the Board”) in the Matter of A-R-C-G et al., (“Matter of A-R-C-G“), 26 I&N Dec. 388 (BIA 2014) may signal the United States’ growing openness to granting asylum to women who … [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...]
Whatever Happened to … David Chen and Citizen Arrests
Arrest consists of the actual seizure or touching of a person’s body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer. – R. v. Latimer, [1997] 1 SCR 217 The … [Read more...]
Turning a Loss into a Win
I remember the morning well: my mother had asked me to bring in the mail, and as I was sorting through it, a bright envelope with the sentence, “You Are A Grande Prize Winner” caught my attention. My heart leapt; my family just won an astronomical amount of money! When I showed the envelope to my … [Read more...]
Bench Press 38-6: A Bride’s Worst Nightmare!
Melanie Johnson arranged for a Calgary designer and tailor to make four bridesmaid dresses, a flower girl’s dress and a wedding veil for her October 2011 wedding, and to make alterations to her wedding dress. As the wedding approached, the emails and text messages began to fly. The bride received … [Read more...]
Bench Press 38-6: Court Decision an “Earthquake”
Both the land and the legal landscape underwent a transformation recently as a result of a Supreme Court of Canada decision. The Court ruled for the first time that an Aboriginal nation has title to a remote piece of beautiful land in British Columbia. The Court wrote: “The nature of Aboriginal … [Read more...]