Tag Archives: Criminal Code of Canada

Paralegals

Youth Court Out of Bounds for Paralegals: Judge

A Youth Criminal Justice Court judge has held that paralegals cannot represent clients in that court. Justice M. L. Cohen found, in a decision released Feb. 23, that the special court lies outside the paralegal scope of practice. A paralegal had asked to be declared a “suitable adult” to assist a young person, under section […]

OCA Overturns Misplaced Gladue “Overemphasis”

In a decision that re-examines the application of Gladue principles, the Ontario Court of Appeal set aside a lower court’s sentence in a sexual interference case. Finding that the trial judge “overemphasized” Gladue principles in sentencing an aboriginal man who had a sexual relationship with a friend of his daughter, the court suggested three years […]

Legal Word of the Day: “Estreat”

Estreat — To enforce a recognizance that has been forfeited, by means of an extract of the record in which fines or recognizances are laid down. Related Cases: This case deals with bail estreats under ss. 770 and 771 of the Criminal Code of Canada. R. v. Prévost, 2005 CanLII 33296 (ON SC) “The Crown […]

Legal Word of the Day: “Vitiate”

“Vitiate” — Reduce or diminish the effect or enforceability of an agreement or consent — in whole or in part. Where duress, threats and the like were used to gain acceptance to the terms of a document or contract, the effect will be to vitiate that agreement. Certain circumstances may vitiate consent to a sexual […]

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