Workplace Fatality Results in Manslaughter Charge Against Contractor
In a Canadian criminal law first, a Quebec construction contractor is under indictment and will be tried in November on a charge of unlawful act manslaughter arising from the tragic…
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An Update on Corporations and Unreasonable Trial Delay
Six months after the Supreme Court released its decision in R. v. Jordan rewriting the law governing pretrial delay, there are at least three decisions of the Ontario Court of Justice confirming…
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CORPORATIONS MAY HAVE GREATER ACCESS TO THE CONSTITUTIONAL PROTECTION AGAINST UNREASONABLE TRIAL DELAY
Three months after the Supreme Court in R. v. Jordan rewrote the analytical framework by which claims of unreasonable trial delay are to be tested, the Ontario Court of Appeal has applied…
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When Is Trial By Jury A Constitutional Requirement?
On May 26, the Supreme Court agreed to hear the appeal in an Alberta case that could expand the scope of the constitutional requirement to trial by jury. Section 11(f)…
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What’s Next For Administrative Monetary Penalties (“AMPs”)?
In July 2015, the Supreme Court released its decision Guindon v. Canada finding that AMPs were not offences attracting the protections contained in s.11 of the Charter. As a result, entities…
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AdvocateDaily.com: Lawyers’ Duty of Commitment to Clients Key Aspect of SCC Ruling
The Supreme Court of Canada’s recent ruling that excludes lawyers from certain sections of federal anti-money laundering legislation is not surprising as it upheld previous lower court rulings, says Toronto…
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The Divisional Court Upholds the Constitutional Validity of Renewable Energy Approvals
Section 7 of the Charter can be engaged in situations outside of the criminal law when policy supported regulatory legislation seriously threatens the security of the person. “Serious” in this…
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