Category Charter Issues

Colin Lachance

Get Connected: Case Law for Paralegals

Victim Fine Surcharges: Follow the Bouncing Ball

Same courthouse, different decision. An Ottawa judge has ruled the contentious victim fine surcharge constitutional, just days after another judge in the same court found the Criminal Code section violates the Charter of Rights and Freedoms section against cruel and unusual punishment. R. v. Javier, 2014 ONCJ 361 (CanLII) was released Aug. 6. Represented by […]

‘Roving Punishment,’ Victim Surcharge Unconstitutional, Ottawa Judge Finds

Mandatory fine surcharges are unconstitutional, an Ottawa judge has ruled. In R. v. Michael, 2014 ONCJ 360 (CanLII), Ontario Court Justice David Paciocco found that the surcharge amounted to “cruel and unusual punishment.” Justice Paciocco had convicted an addicted homeless Inuit man of nine summary offences related to three separate “nuisance” incidents. Justice Paciocco wrote […]

Jury-Roll Issue Stalls Native Deaths Inquest – Again

A Coroner’s Inquest that was to begin this fall has again been delayed because of a lack of Native representation on the jury roll in the district. The inquest was called to examine the deaths of seven young aboriginal students. Over an 11-year period, the teenagers died after leaving their reserves in northern Ontario to […]

B.C. Lawyers Refuse to Approve TWU

Lawyers in British Columbia have overwhelmingly voted against accreditation for Trinity Western University’s proposed faith-based law school. Law Society of British Columbia (LSBC) lawyers voted on Tuesday in a special general meeting. Members met in cities across the province, listened to hundreds of speakers and voted on the resolution directing that “Trinity Western University is […]

Coast-to-Coast Legal Fights for TWU This Summer

Trinity Western University (TWU)’s efforts to have its planned law school accredited with law societies continue, with a significant vote today. Law Society of British Columbia (LSBC) benchers are to vote on a motion to reverse that law society’s approval. Members from across the province will meet by teleconference to consider a resolution directing that […]

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