… some may argue that the publication of Shakespeare’s Henry VI, with its famous phrase “let’s kill all the lawyers”, should be subject to state scrutiny! - R. v. Hamilton, 2005 SCC 47 Introduction A few years ago, a University of Calgary professor suggested on national television that someone … [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...]
Criminal Defence Law in the North: Part Three
In my earlier two columns, I discussed substantive aspects of criminal law in the North (Part One). I briefly reviewed some aspects of the crimes we deal with in court, some of the underlying causes, and certain aspects of sentencing for those offences (Part Two). I want now to describe some … [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...]
Criminal Defence Law in the North: Part Two
In my last column (Part One) I briefly sketched out some aspects of substantive criminal law as it is enforced and applied in the Northwest Territories. I want in this contribution to comment upon some underlying factors which, at least sometimes, lead to criminal conduct, as well as aspects of … [Read more...]
Criminal Defence Law in the North: Part One
It seems that almost every lawyer who has travelled from southern Canada to practice law “North of 60” ends up writing about his or her experiences at some point. Almost all of those who are drawn to this part of Canada are struck by the geographical and physical beauty of this land, and by the … [Read more...]
Bench Press 38-2: Where to Incarcerate Khadr?
Associate Chief Justice John Rooke of the Alberta Court of Queen’s Bench was asked to determine where Omar Khadr should serve the remainder of his sentence. Mr. Khadr asked to serve his sentence in a provincial facility; the federal government wanted him placed in a federal penitentiary. Justice … [Read more...]
Bench Press 38-1: Test for Refugees
Rachidi Ezokola worked for eight years for the government of the Democratic Republic of Congo, four of them as a UN diplomat. He moved to Montreal in 2008 with his wife and eight children and asked for refugee status, claiming that he had received death threats from Congolese intelligence agents. … [Read more...]
Bill C-10: The Government’s Tough Stance Against Criminal Record Holders
Bill C-10 On September 20, 2011, then Justice Minister Rob Nicholson tabled Bill C-10, an omnibus crime bill titled the Safe Streets and Communities Act. The Bill proposed to make fundamental changes to many components of Canada’s criminal justice system, including the pardon process. In March of … [Read more...]
Taxation and the Criminal Law: Tips for Accounting Professionals & Legal Advisors
At first glance, one might think that tax law and criminal law are mutually exclusive areas of practice. Taxation largely deals with the application of the Income Tax Act (“ITA”) and Excise Tax Act (“ETA”) to financial transactions entered into by individuals, corporations, trusts, and others … [Read more...]