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Former pupils seek redress EDMONTON - Three hearing-impaired people have launched a class-action lawsuit against the Alberta government alleging "brutal and callous disregard" and "complete lack of care" for children who attended the Alberta School for the Deaf between 1955 and 1996. It is expected to be the first of several lawsuits alleging abuse of deaf students across Canada. (Edmonton Journal) Parliament has right to create minimum sentences OTTAWA - The Supreme Court of Canada has issued a landmark ruling upholding the right of Parliament to create mandatory minimum sentences under the Criminal Code. . (CanWest) JUDGEMENT: R. v. Ferguson, 2008 SCC 6 Another secret trial VANCOUVER -. Details of the case, referred to in BC Supreme Court Justice Barry Davies' judgment only as Regina vs. Six Accused Persons, has been banned from publication under an order by the judge. (Vancouver Province) MORE: Secret trial ruling limits police wiretaps Judge tosses charge TORONTO - An Ontario judge has dismissed impaired driving charges against a man stopped by police just north of Toronto, because he was not immediately provided with a Spanish-speaking interpreter to help decide whether to call a lawyer. (National Post) $350-an-hour rate unfair VICTORIA - The former "honorary solicitor" for the Victoria Golf Club has had his legal fees for representing the club in a dispute with a contractor cut in half after it was found his $350-an-hour rate was "inappropriately high." (Vancouver Province) Judge strikes down law OTTAWA - A Federal Court judge struck down the contentious Safe Third Country Agreement between Canada and the United States. The agreement, which came into force in 2004, requires would-be refugees to make their claims in the first of the two countries in which they land. (CBC) Right to remain silent not a given OTTAWA - The right to silence in Canada is not an absolute rule that requires police to stop interrogating people who have no wish to speak with investigators, the Supreme Court of Canada has ruled. (Toronto Star) JUDGMENT: R. v. Singh, 2007 SCC 48 Court chaos shouldn't deny justice TORONTO - He won't ever have to face trial on the grim allegations that he repeatedly assaulted and threatened his girlfriend. But while domestic-violence suspect Davood Zarinchang is off the hook, the public is not - the judge who nixed the string of assault and uttering-threats charges against Zarinchang also decided taxpayers should foot his legal-defence bill. (Vancouver Province) RELATED: Public faith in justice system declining: report Rights of accused stronger than victim's Ethical complaint rejected BOULDER - The Colorado Supreme Court's Attorney Regulation Counsel has rejected a south Boulder couple's request that the state investigate their neighbors - a former judge and attorney - for ethical misconduct in a land dispute. (Boulder Daily Camera) PREVIOUS: Obscure doctrine gives former judge part of neighbours' land Property right wrongly taken 2nd judge succeeded in land grab	Can't deny terrorist's a passport MONTREAL - Justice Simon Noël ruled the process used to deny a passport application by Canadian citizen and convicted terrorist Fateh Kamel violates the freedom of movement guaranteed in the Constitution. (Toronto Star) Fire chief fighting costly battles EDMONTON - The flames are out, but Edmonton Fire Chief Randy Wolsey faces months of testimony to sort out the legal battles arising from half a dozen fires fought in the last five years. He's fighting to change provincial law and put limits on the fire department's liability. (Edmonton Journal) Court upholds acquittal of BC driver OTTAWA - The Supreme Court of Canada has upheld the acquittal of a man who slammed his pick-up truck into a car near Chase, BC, nearly five years ago, killing three people. (CBC) MORE: Nothing criminal in brief act of negligence Pot smell not grounds for search SASKATOON - The scent of marijuana wafting from an open car window doesn't give an officer grounds to make an arrest and search a vehicle, according to a recent decision from the Saskatchewan Court of Appeal. (Saskatoon Star Phoenix) RELATED: Ontario court allows unjust searches Court cuts jail time VANCOUVER - BC Supreme Court Justice Glen Parrett sentenced Jody James Gunning on March 22, 2007 after he pleaded guilty to manslaughter at his second trial. He was first charged on May 6, 2000 with second-degree murder for the shooting of Chester Charlie in Fraser Lake. (Vancouver Province) PREVIOUS: R. v. Gunning 2005 SCC 27 Scott film faces $50M lawsuit In Ridley Scott’s hit film American Gangster, corrupt officers raid the home of a notorious New York drug lord played by Denzel Washington. They shoot his dog, beat his wife and steal hundreds of thousands of dollars in cash. (Times online) PREVIOUS: Korniloff isn't exactly a saint Another trial for Ahenakew SASKATOON - The province has decided it will go ahead with a second hate crimes trial against former Assembly of First Nations chief David Ahenakew. Ahenakew, 74, who called Jews a "disease" and rationalized the Holocaust during a 2002 interview with a StarPhoenix reporter, was convicted three years later of wilfully promoting hatred. (Star Phoenix) PREVIOUS: New trial New trial for Ahenakew Ahenakew apologizes (Dec. 2002) BC Apology Act Allport's scale Judge admits 'error in judgment' TORONTO - A Toronto trial judge facing possible removal from the bench admits it was an "error in judgment" to sit on a controversial streetcar right-of-way case while he was engaged in a personal legal battle with city hall. (Toronto Star) Alberta courts flawed: top judge EDMONTON - Alberta's Judicial Council says backlogs and delays in the provincial courts are caused by serious, systemic problems including inadequate training and education of judges, heavy workloads and a lack of administrative and legal support staff. (Edmonton Journal) MORE: Courtly correspondence Murderer sues government Ronald Smith, the 50-year-old Albertan facing execution in the US, is taking the Conservative government to court over its decision not to seek clemency for him from Montana's death row. (Ottawa Citizen) PREVIOUS: Dion, Layton send their own letters to Montana governor Why not a thought for the two victims? Ottawa won't try to save Canadian on US death row

Ex-crystal meth addict wins SASKATOON - A Saskatchewan woman who overdosed on crystal methamphetamine has successfully won a precedent-setting civil lawsuit against the drug dealer who sold her the highly addictive drug. . (CTV) PREVIOUS: Woman wins crystal meth lawsuit	Judge tosses lawyer's charges NEWMARKET - A judge has thrown out charges against a York Region lawyer who was accused of participating in a mortgage fraud, ruling he has already suffered financially, emotionally and physically because of a delay in bringing his charges to court. (Toronto Star)

High court treads line OTTAWA - Closed-door judicial hearings should only be allowed as "a last resort" and judges must make every effort to uphold the "open court principle," the Supreme Court of Canada said Thursday in an important ruling on public access to the court system. (CanWest) PREVIOUS: Named Person v. Vancouver Sun 2007 SCC 43 Top court won't lift secrecy	Murder suspect suing CALGARY - Investigators probing the 1999 killing of Gail Foley had "tunnel vision," alleges a $10-million malicious prosecution lawsuit launched by the man who was considered the prime suspect. Scott Allan McLaughlin was initially found guilty of second-degree murder, but the Alberta Court of Appeal overturned the conviction. (Calgary Herald)

Court strikes down agreement OTTAWA - The United States is not a safe country for refugees, the Federal Court said Thursday as it ruled that Canada will no longer have the right to turn back asylum seekers at the border. In the surprise judgment, the court found that Safe Third Country Agreement breaches the rights of asylum seekers under the United Nation Refugee Convention or the Convention against Torture. (CTV) RELATED: US says it has right to kidnap British citizens	Newspaper uses Anton Piller order ST JOHN - Brunswick News Inc. has used a little-known legal procedure to allow the search of a home of a former newspaper publisher to try to ensure he doesn't use confidential information to start his own publication. William Kenneth Langdon resigned as publisher of the Woodstock Bugle-Observer on Sept. 19 and has since opened the office of the Carleton Free Press, which is expected to launch its first issue in November. (CBC)

Mutilated victim isn't enough to convict accused VANCOUVER - A woman accused of slashing another woman in the face with broken glass on the crowded dance floor at a Granville nightclub, causing "catastrophic" injuries, has been acquitted of three counts of assault. Angela Katsiris was charged with two counts of assaulting Maral Fadaeian with broken glass and one count of assaulting Sarah McAuley just before midnight on June 19, 2004, at the Caprice nightclub. (Vancouver Province)	Provincial Justice Ministers agree on wording WINNIPEG - Canada’s provincial justice ministers today approved wording of a new protocol on interjurisdictional Amber Alerts that would give law enforcement agencies new tools to facilitate the safe return of an abducted child. (Government of Canada New Centre) PREVIOUS: BC wants provinces to take back their criminals Ministers want less jail time credit for offenders Parliament's kill Bills approach Justice ministers meet

BC judge rebuked VICTORIA - A Vancouver Island judge who harshly criticized conditional sentences as "glorified probation orders" while sending a dangerous driver to jail has been rebuked by the BC Court of Appeal. (Vancouver Province) COMMENT: Make the justice system accountable	Murder conviction quashed VICTORIA - The BC Court of Appeal has thrown out a first-degree murder conviction against a Zeballos man who had confessed to beating, knifing and strangling to death a 13-year-old girl. George Osmond, now 24, was convicted by judge alone in December 2005 in the murder of Kayla John in April 2004. (Vancouver Province)

New trial ordered, in English QUEBEC CITY - In an apparent first in the annals of Canadian justice, a man convicted of two horrific homicides has won another day in court after Quebec's highest tribunal ruled his trial should have been conducted in English. (Montreal Gazette)	Star witness WINNIPEG - Manitoba justice officials had no idea their "star" witness in a sex-assault case was actually a career criminal when they struck a controversial plea bargain that spared him jail for impregnating a mentally disabled Winnipeg woman. (Winnipeg Free Press)

Disorders plague psychiatrists EDMONTON - Name-calling, factions and conspiracies are common in the "dysfunctional" office of more than a dozen psychiatrists who analyze criminals for the courts, an Edmonton judge has found.. (Edmonton Journal)	Allow police to testify for spouses VICTORIA - A murder-suicide by a man Victoria police identified as a threat to his wife and family has prompted BC's attorney-general to push for Criminal Code changes allowing police to testify on behalf of reluctant complainants. (CanWest)

Adoption law struck down TORONTO - Adoptees and birth parents will no longer be privy to the personal information contained in adoption records after Ontario Superior Court yesterday struck down nascent legislation that allowed adoption records to be opened. (National Post) MORE: Court strikes down law on adoption	BC Court referees a family dispute VANCOUVER - A dog throws up on the furniture and before you know it, a beautiful friendship is ruined and a family ends up in BC Supreme Court fighting an ugly and expensive internecine lawsuit. This feud, triggered by petty events with tiny stakes, got to the province's top trial court -- and shouldn't have. (Vancouver Sun)

Restriction on English schooling struck down MONTREAL - Quebec's Court of Appeal yesterday struck down a clause of the province's language law that barred non-anglophone children who previously attended private English-language schools from English public schools. (Montreal Gazette)	Woman suing over cancer death SASKATOON - Crystal Anderson-Bonderud filed a $1-million lawsuit against the Saskatchewan Cancer Agency and several doctors last week saying her husband's cancer wasn't properly diagnosed or treated. Doug Bonderud died last year as a result of gastrointestinal cancer. He was 38. (CBC)

Sa Tan sues feds MONTREAL - In his claim, Sa Tan is also asking that a $50-million fund be set up to help political parties that were deregistered after 1993 amendments to the Election Act that aimed to get rid of fringe parties, like the Rhinoceros Party. (Montreal Gazette)	High court tosses out dangerous driving conviction WINNIPEG - The Manitoba Court of Appeal has tossed out eyewitness evidence from two Winnipeg police officers and freed a man accused of leading officers on a high-speed chase. . (Winnipeg Free Press)

Court in crisis TORONTO - The Sumar family once believed in justice in Ontario. That was before middle daughter Siddika went to family court in Newmarket seeking a divorce and support settlement for herself and her 6-year-old son. Three years and a stunning $256,963.13 later in court costs, she could be a poster child for the breakdown in family law in much of the province. (Toronto Star) Stuck together: Inside the modern divorce Family fills court docket Justice for all: a blueprint Civil Justice Reform Project	Getting back daughter $180,000 SCC moves to help litigants Representing yourself Legal system too costly: Gomery Apologies could cost, feds warned Saying sorry to be made less costly? BC Apology Act Justice comes at too high a price Taking your own counsel The dark side of justice 'Too many cases set for trial' Wheels of justice seizing up Courts issues too many publication bans Canadian lawyers begin to outsource work

Ontario criminals pay hefty price TORONTO - Street racers, crack houses, marijuana grow-ops, cash – you name it, the Ontario government has seized it using controversial forfeiture legislation. According to a forthcoming report prepared for the attorney general's ministry, Ontario police departments have made 170 seizures over the past four years, snatching $3.6 million in property and freezing an additional $11.5 million in assets. (Toronto Star)	Police have right to hunt through trash EDMONTON - Police are entitled to search through curbside garbage for clues of criminal behaviour, Alberta's top court says. The Alberta Court of Appeal ruled this week RCMP did not breach a suspected drug dealer's privacy when they seized his curbside garbage for clues that he was producing ecstasy in his Calgary home. (Edmonton Journal)

Judge throws the book at thief WINNIPEG - A Manitoba judge has taken the unusual step of ignoring a joint-sentencing recommendation and imposing an even harsher penalty against a man who terrorized several victims during a drug-fueled crime spree. (Winnipeg Free Press) RELATED: Plea bargain's place	Robber begs for longer sentence WINDSOR - "I feel the federal system would help me more," said Gregory Wuss, 24. The Windsor man with a criminal record complained that the provincial jail system, where terms of up to two years are served, is "just warehousing...you sit around in a big huge range with 32 guys.” (Windsor Star)

US courts struggle to get jurors Courts across the country have been going to extraordinary lengths in recent years to get people to report for jury duty - a cornerstone of democracy and a civic responsibility that many citizens would do almost anything to avoid. (AP)	Woman sues over toilet accident EDMONTON - An Edmonton woman is suing Canada Safeway for $1.1 million after she allegedly tried to sit down on a broken toilet in the grocery store and injured her back. (Edmonton Journal)

Top court upholds breath sample OTTAWA - The Supreme Court of Canada has upheld the conviction of an Alberta man in a fatal impaired driving case that raised questions over when police have reasonable grounds to ask for a breath sample. (CBC) JUDGMENT: R. v. Rhyason, 2007 SCC 39	Prostitution laws face challenge VANCOUVER - Two Vancouver lawyers will launch a constitutional challenge today of Canada's prostitution laws, arguing they force sex workers into unsafe conditions and infringe a sex worker's right to freedom of expression. (Vancouver Sun)

Home invader loses appeal OTTAWA - A BC man convicted of using a gun during a home invasion, even though the gun was actually in his car during the crime, has lost his appeal to the Supreme Court of Canada. (CanWest) JUDGMENT: R. v. Steele, 2007 SCC 36	Officials have no duty to parents OTTAWA - Child welfare authorities don't owe parents a duty of care, Canada's top court ruled Friday, saying such an obligation would put the treatment of children at risk by creating a conflict of duties. (CBC) JUDGMENT: Syl Assps Secure Treatment Centre v. B.D., 2007 SCC 38

Judge blisters cops for taping A Quebec Superior Court judge has declared the contents of wiretapped conversations between a Hells Angels lawyer and his clients inadmissible as evidence. (Montreal Gazette)	Lawsuit is not a SLAPP in the face MONTREAL - An industrialist who's filed a $5-million lawsuit against an environmental group denied yesterday the legal action is designed to intimidate his opponents. (Montreal Gazette)

Store bylaw invades privacy TORONTO - The Ontario Court of Appeal has struck down sections of a controversial Oshawa bylaw that require second-hand dealers to collect detailed personal information from people who sell them goods and transmit the data to police. (Toronto Star)	Ontario court overturns award WINDSOR - The Ontario Court of Appeal has overturned a judge’s ruling that the federal government owes thousands of disabled Canadian war veterans $4.6 billion for its failure to properly manage their financial affairs. (CanWest)

Justice threatened CALGARY - A former RCMP commissioner says an incident in which a Winnipeg Crown prosecutor was threatened from jail highlights the need for Canadians to pay better attention to courtroom security. (CP) RELATED: Let judges run courts, lawyers say CBA to discuss polygamy Access to justice a 'basic right' Canada's chief justice defends embattled lawyers Lawyers Gone Bad Response to the Canadian Bar Association Lawyers are rats Exposé makes lawyer Enemy No. 1	Google faces landmark lawsuit SYDNEY - A consumer watchdog is taking legal action against Google over the way it sells and displays its sponsored links, in a case that could "send shudders down the industry". The Australian Competition and Consumer Commission (ACCC) said that it believed its action, which named Google Inc and Google subsidiaries in Ireland and Australia as defendants, was “the first to seek legal clarification of Google’s conduct from a trade practices perspective". (Times online)

BC Ferry lawyer sues VANCOUVER - Frank Poratto was one of about two dozen owners whose boats were damaged when the Queen of Oak Bay slammed into Sewell's Marina in Horseshoe Bay two years ago. (Province) PREVIOUS: The dark side of justice	Jury process fair to natives WINNIPEG - Court of Queen's Bench Chief Justice Marc Monnin released a long-awaited decision Wednesday that ruled against an accused killer who claimed his right to have a trial before a "jury of his peers" was being breached. (Winnipeg Free Press)

Family sues city over shooting TORONTO - A family has launched a lawsuit against the Toronto Community Housing Corp. claiming a decision to cut security led to a drive-by shooting in front of their home two years that injured their four-year-old child. (Toronto Star)	Ex-prosecutor's cases questioned WINNIPEG - An experienced Ontario judge who is one of Canada's most respected legal scholars has been retained to review the cases of former top Manitoba prosecutor George Dangerfield. . (Winnipeg Free Press)

Man guilty of 2 murders gets new trial NORTH VANCOUVER - Shortly before Christmas 1986, Kerry Currie was watching the evening news with her family, when they announced two bodies had been discovered in shallow graves in the forest by Indian River Road in North Vancouver. (Vancouver Sun) PREVIOUS: R. v. Couture, 2007 SCC 28	Judge wishes he could have jailed man over grow-op VANCOUVER -. Provincial Court Judge Doug Moss said he'd have liked to have sent Warren William Spencer, 24, to jail, but legal precedents prevented him from doing so. Spencer, who pleaded guilty, was given a 12-month conditional sentence and 12 months of probation. (Vancouver Province)

$25M in damages HAMILTON - A man once charged in the still unsolved murders of Fred and Lynn Gilbank is suing Hamilton police, Crown lawyers, the ministry of the Attorney General and a British lip-reader. (Hamilton Spectator) PREVIOUS: A lawsuit with unusual twists Granvelle says police had tunnel vision Gilbank homicides	5 years for drunk driving death SASKATOON - A man convicted in a Saskatoon drunk driving case that left a 26-year-old woman dead was sentenced Tuesday to five years in prison. That's in addition to approximately seven months Curtis Conrad Bear has spent in jail awaiting court appearances. (CBC) &nbs