Criminal Law

All aspects of criminal procedure and jurisprudence, including related social issues

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BARE BONES BRIEFS | OCA: ineffective lawyering can include bad advice on whether to testify | OCA: Police can’t investigate impaired driving on private property | OCA: Interest owing protected by CLA trust fund | Standard NDA approaches reality | Best law firm webinars and bulletins

By Julius Melnitzer | June 7, 2021 OCA: COUNSEL’S FAILURE TO EXPLAIN BLENDED PROCEDURE IMPACT VITIATES CONVICTION The Ontario Court of Appeal has ruled that an accused who testified and made what amounted to a full confession on a voir dire should have his conviction overturned because counsel failed to advise him before agreeing to […]

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BARE BONES BRIEFS | Survey: full-time remote work off the table | Osler bulletin: corporate diversity tanks | Law firm gives away profits | OCA: “No escape” supports inmate’s duress defence | legaltrot: helping lawyers on the go get help on the go |

By Julius Melnitzer | May 16, 2021 REMOTE WORK: THE DISCONNECT The Littler 2021 Annual Employer Survey Report has uncovered a “disconnect” between employers and employees about what the return to physical workspaces should look like. The following paragraph says it all: While 71 percent of employers surveyed believe that most of their employees who […]

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BARE BONES BRIEFS | FCA: The West Bank is not Israel | OSC blasts law firms’ lack of cooperation in LTC class actions | BLG buys AUM Law | Condemned? Choose your poison in South Carolina | Can’t-miss: McMillan webinar

By Julius Melnitzer | May 7, 2021 FCA : West Bank wine is not necessarily “Product of Israel” The Federal Court of Appeal has upheld a lower court ruling that “Product of Israel” labels on wines produced in the West Bank were “false, misleading and deceptive”. The court remitted the matter back to the Complaints […]

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BARE BONES BRIEFS: Crown seeks juror challenge for transgender bias | Dismissed: first privacy class action heard on merits | Young lawyers suicidal | GC workload crisis: EY | Painworth expands | Best law firm webinars

By Julius Melnitzer | April 8, 2021 Dismissed: first privacy class action heard on the merits Quebec Superior Court Justice Florence Lucas has dismissed the first class action regarding the loss of personal information that has been heard on the merits in Canada. Anne Merminod in Borden Ladner Gervais LLP’s office in Montreal, lead counsel […]

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BARE BONES BRIEFS: Lawyers’ rights & dating sites; No consent, no videoconference, says OCA; Alexander Holburn joins Legalign; Best law firm webinars & bulletins

By Julius Melnitzer | March 31, 2021 Lawyers’ dating sites Can’t find love because practising law takes too much out of you? Try Lawyr, the UK-based international dating site “For lawyers and the people who want to date them”. The Times says the site “is perfect for those seeking a brief encounter”. Lawyers, says Jonathan […]

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Too many “made for Twitter” decisions from the Supreme Court?

February 2, 2021| By Julius Melnitzer The Supreme Court of Canada’s growing tendency to dismiss appeals from the bench has been a subject of legitimate concern lately. As the Globe and Mail pointed out recently, the trend is accelerating: of late, the court has been releasing fewer in-depth reasons and a growing proportion of decisions […]

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Ontario’s lockdown: a quick guide to your legal rights

January 15, 2021 | By Joseph Neuberger The provincial government has again issued a “stay at home” order under which Ontarians may leave their residences only for defined purposes (approximately 33 essential reasons), including exercise, walking pets, going to and from essential work, health care, shopping for necessities such as food, and household items like detergent, […]

What to do about sharp rise in self-represented litigants

October 12, 2020 | By Julius Melnitzer Increased funding for legal aid to help with the dilemma of self-represented litigants (SRLs) isn’t in the cards — at least not anytime soon. “I and many others who have advocated more funding for legal aid just have to be realistic,” said professor Nicholas Bala of Queen’s University […]

SNC-Lavalin affair: Jobs over democracy

The “public interest,” it turns out, can be a real threat to democracy. It is, after all, the catchphrase that Prime Minister Justin Trudeau used to justify his contravention of the Conflict of Interest Act by pressuring former Justice Minister Jody Wilson-Raybould to negotiate a deferred prosecution agreement with SNC-Lavalin. The PM’s spin on the whole thing […]

Scheer’s Call for SNC Lavalin Inquiry During Election Dangerous Precedent

It may just be the brouhaha over Andrew Scheer’s dual citizenship that made me link Donald Trump’s vow to “jail Hillary” and “lock her up” with the Conservative leader’s pledge — in the middle of an election campaign, no less — to launch a judicial inquiry into Justin Trudeau’s conduct in the SNC Lavalin scandal. […]

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