Displaying items by tag: Criminal Law

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_tonywilson.jpgLawyers of a certain age will remember a case of the British Columbia Court of Appeal called Vander Zalm v. Times Publishers, where then-Minister of Human Resources for B.C., Bill Vander Zalm, was the subject of a scathing political cartoon drawn by Robert Bierman, depicting Vander Zalm happily pulling the wings off flies.
Published in Web exclusive content
Monday, 05 January 2015 08:00

Wrong result. Still good law.

Photo credits: Guy Paul Morin: Alan Dunlop - Toronto Star; David Milgaard: Rick Eglinton - Toronto Star; William Mullins-Johnson: Lucas Olenuik - Toronto Star; Robert Baltovich: Colin McConnell - Toronto Star
Photo credits: Guy Paul Morin: Alan Dunlop - Toronto Star; David Milgaard: Rick Eglinton - Toronto Star; William Mullins-Johnson: Lucas Olenuik - Toronto Star; Robert Baltovich: Colin McConnell - Toronto Star
In a brief oral judgment issued in late January 1995, then-chief justice Charles Dubin of the Ontario Court of Appeal formally entered an acquittal for Guy Paul Morin, ending a decade-long ordeal for the man wrongly convicted in the death of nine-year-old Christine Jessop. Fresh evidence, based on new DNA testing, excluded Morin. No jury “properly instructed in the law and acting judicially, could convict Mr. Morin on the charge upon which he stood trial,” stated Dubin, in the ruling issued 20 years ago. After two trials and nearly two years in custody, Morin was finally cleared of any responsibility in the 1984 rape and murder of Jessop, a crime that remains unsolved.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Standard_photos_Dudley-Hilary.jpgRegulators on both sides of the border have made it a priority to try to police complex insider trading schemes. The aggressive approach by the Ontario Securities Commission, the Securities and Exchange Commission, and in particular the United States Attorney’s Office for the Southern District of New York has yielded stunning headlines over the last few years, but 2014 was marked by a series of setbacks in insider trading enforcement.
Published in Web exclusive content
Monday, 08 December 2014 08:00

The dangerous right to remain silent

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_William-G-Trudell.jpgWelcome to “Sidebars” No. 1.
Published in Web exclusive content
Monday, 29 September 2014 10:23

The trouble with criminal speech

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_October_CriminalCode.jpgIn 2011, an RCMP officer called Karen MacKinnon at her home in Drumheller, Alta. and asked her to come into the station for an interview. He wanted to talk to her about comments she had made on Facebook. She was wary at first, but agreed to meet with him and drove down to the station in her truck.
Published in Features
Monday, 29 September 2014 10:23

An abiding belief in the system

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_October_D.Bayne.jpgThere are many words to describe Donald Bayne, a member of the defence bar for some 43 years, but one of his associates has a choice few. “You would expect him to be incredibly intimidating but he’s not so at all,” says Meaghan Thomas, one of Bayne’s colleagues at Bayne Sellar Boxall LLP in Ottawa. “He’s a wonderful guy, incredibly approachable, and probably one of the happiest lawyers around. He’s got so much energy.”
Published in Departments
The Hunt, directed by Thomas Vinterberg, released 2012
The Hunt, directed by Thomas Vinterberg, released 2012
A curious anomaly in our justice system; the offence with the most severe penalty under law is not the crime toward which most people feel the most personal revulsion.
Published in Web exclusive content
Monday, 07 July 2014 08:00

Moving to the other side

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_July_J.Lowry.jpgFor 33 years Jim Lowry put accused criminals in jail. Now he’s defending them.
Published in Departments
Monday, 05 May 2014 08:01

Bad law

b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_May_cl-may-14-pg-01.jpgIt was just last summer that a team of lawyers led by Alan Young persuaded the Supreme Court of Canada to strike down the country’s prostitution law. But the seeds of the litigation were sown 25 years earlier, in the chill, pre-dawn hours of a Toronto morning. Young, a young lawyer at the law office of legendary criminal lawyer Alan Gold, had fielded an urgent call from a client who operated a dingy brothel near the city’s downtown bus depot. The joint was being raided, and the nervous client wanted help.
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_May_final.jpgIn what might be the most high-profile seizure ever of a smartphone in Canada, police obtained a court order and travelled to the United States earlier this year to extract information from the iPhone of a friend of Toronto Mayor Rob Ford. Toronto police were unable to analyze the device allegedly belonging to Alexander “Sandro” Lisi “because they did not have the current forensic tools to extract information from the phone,” stated a sworn affidavit by an officer in the investigation dubbed Project Brazen 2.
Published in Features
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