Recent Courts & Justice Headlines Prime Time Crime


Courts & Justice Headlines

Correct Corrections Canada	Wrongfully convicted


SCC rejects bid OTTAWA - By an 8-1 margin, the court handed a defeat to the National Post newspaper, in its bid to protect a confidential source from police in a forgery investigation. (CanWest) JUDGMENT: 2010 SCC 16 Court rules against protecting unnamed sources Act comes into effect OTTAWA - Federal legislation limiting the amount of credit prisoners can get for time served in custody before and during their trial has become law, Justice Minister Rob Nicholson announced. The Truth in Sentencing Act was actually granted royal assent on Oct. 21, 2009, but came into effect on Monday. (CBC) COMMENT: An important step Malik suspended VANCOUVER - Almost seven years after he was found to have misled BC Supreme Court about his family's finances, lawyer Jaspreet Singh Malik has been suspended for a month and ordered to pay $2,520 to the Law Society of BC. (Vancouver Sun) RELATED: Law society overturns suspension Class action lawsuit EDMONTON - Alberta's high court has ruled a class-action lawsuit can proceed against the government over fees charged to residents in long-term care homes. The society claims the province overcharged some 14,000 seniors more than $128M over a two-year period. (Edmonton Journal) NB Law Society opens hearings The New Brunswick Law Society will start opening disciplinary hearings for the province's lawyers to the public. (CBC) RELATED: Ontario lawyer disbarred Crash victim gets $18M An Ontario woman has been awarded more than $18M, thought to be the highest award in Canadian history for injuries suffered in a car accident. (Toronto Star) New trial ordered OTTAWA - The Supreme Court of Canada has ordered a new trial for an Edmonton man charged with luring a 12-year-old girl in an internet chat room. In a 7-0 decision, the top court ruled that the judge at Craig Legare's 2006 trial erred by acquitting him. (CBC) JUDGMENT: 2009 SCC 56 Man acquitted System too complex for the SCC OTTAWA - The country's top court appears to have inadvertently violated a publication ban imposed by the Ontario Superior Court judge presiding over the trial of members of the so-called Toronto 18. (CBC) Barrick drops on publishers How many readers of The Tyee or Canadians are aware that Barrick Gold has been engaged in using SLAPPs - Strategic Lawsuits against Public Participation - against two small presses. (Tyee) MORE: Imperial Canada Inc. Noir Canada Peter Munk	Another justice success story VANCOUVER - According to the report, prepared for Deputy Commissioner Gary Bass last year, the biggest burden facing officers is disclosure: the legal requirement that police and prosecutors hand over virtually all the evidence they have to the defence. Gangs now have more to fear from each other than the police. (Vancouver Sun) Lawmakers are doing a great job TORONTO - One in three Ontarians are battling legal problems of a non-criminal nature, which often lead to stress and even mental illness, a new report says. (Toronto Star) REPORT: Ontario civil legal needs project Another bad law WINNIPEG - The case of a Winnipeg shop owner charged with manslaughter for forcibly defending his property reveals a gaping hole in Canadian criminal law, legal experts say. (National Post) PREVIOUS: Manslaughter charges Possible vigilante justice Police investigate vigilantism Protected witness faces charges CALGARY - Numerous fraud charges have been laid against a man once in the federal witness protection program and paid hundreds of thousands of dollars to be an agent for RCMP. (QMI) Lawyer politician disbarred EDMONTON - Ihor Broda was disbarred by a hearing committee for the law society in March. Approximately 20 lawyers have been disbarred from the Law Society of Alberta in the past two years. (Edmonton Journal) Suspect justified in swing at cop TORONTO - An escaping drug suspect was legally justified in tearing a board off a fence to defend himself against a pursuing police officer because he had been unlawfully arrested, a judge has ruled. (Toronto Star) Access to information not a constitutional right OTTAWA - The Supreme Court of Canada has taken a small step toward recognizing that citizens sometimes need access to government documents to exercise freedom of expression, but stopped short of calling it a broad constitutional right. (Toronto Star) JUDGMENT: 2010 SCC 23 MORE: SCC creates limited right to access 'There is no general right of access to information' Mob murder case shrouded in secrecy Defence lawyers want inquiry TORONTO - Defence lawyers who work in Ontario's justice system are calling for a provincial inquiry into the accreditation of court interpreters. Last week it was learned that during initial testing about 40% of the province's court interpreters had failed a new government proficiency test. (CBC) PREVIOUS: Court interpreters fail

Civil liberties vs. justice TORONTO - A judge of the Ontario Court of Appeal said he worries Canadians will treat the Charter of Rights and Freedoms with disdain if courts routinely throw out evidence of serious crime because it has been obtained through police misconduct. (Toronto Star) Public faith in justice system declining: report Rights of accused stronger than victim's There will be one law for all Ontarians Bureaucrats: automatic prison terms won't work	Crisis of confidence Hide IDs in court rulings, privacy chief says Community court Differences between community & regular court Court chaos shouldn't deny justice Delays jamming up BC courts Judges routinely waive fines Plea deals Alberta courts flawed: top judge Courtly correspondence Another secret trial Secret trial ruling limits police wiretaps

Appeal of libel lawsuits TORONTO - The Internet is not a "no man's land" when it comes to libel, lawyers for Conrad Black say in arguing that six libel lawsuits should proceed in Ontario, where he established his reputation and should be vindicated from statements about his use of Hollinger shareholder money. (CP)	Court upholds Epoch Times probe Rewriting our libel laws 2009 SCC 61 2009 SCC 62 SCC strikes a blow for 'productive debate' SCC back press Governments funding libel suits

Arrest violated charter VICTORIA - A Victoria defence lawyer is arguing that the charter rights of a homeless heroin addict were violated when he was arrested with a needle in his hand in a secluded parking lot off Herald Street in June 2006. (Colonist)	Charter a living bush of poison ivy Lawyers' Association v. Ontario, 2007 ONCA 392 BC (AG) v. Christie Mixed signals from courts on openness Rights infringed Charter challenged on prostitution

Privacy czar investigating TORONTO - Fearing that jurors' privacy rights are being violated, Ontario's privacy commissioner is launching a probe into mounting allegations that police have been doing secret background checks on jurors. (Toronto Star)	Secret jury vetting prompts privacy probe ICBC faces audit after privacy breaches Taking steps to stop vetting More secret juror screening 'Tainted' jury panels get the boot Details of secret police jury checks revealed Publication ban

Prosecutor says judge erred VANCOUVER - In March BC Supreme Court Justice Peter Leask sentenced John Virgil Punko, 43, to four years in jail each for the meth and cocaine offences, to be served concurrently. He reduced the sentence to 14 months after credit for pre-sentence custody. (Sun) Hells Angels get short time Judge unfit for office Judge admits 'error in judgment' BC judge apologizes Foul-mouthed judge gets backing from AG Judge who cursed to preside at special session Hells Angel acquitted in trafficking case	JP found guilty Honour system inadequate Forgot to disclose conviction Would-be judge 'forgot' conviction Justice of the peace facing charge Incompetent lawyer disrupts trial Judge's partner hit with libel penalty Disorder in the night court Judge's bad conduct frees man Judge must share his pension Judges warned Jury nullification BC judge resigns after being arrested Charge stayed against BC judge

Lawyers a luxury OTTAWA - Lawyers have to come o grips with the prospect that they are a "luxury good" that may no longer be needed in the country's courtrooms as more litigants represent themselves, warns a leading Canadian legal publication, The National. (CanWest) Court in crisis Stuck together: Inside the modern divorce Justice for all: a blueprint Civil Justice Reform Project The dark side of justice Canadian lawyers begin to outsource work Couple save home by ditching appeal Law service helps $350-an-hour rate unfair	Courts issues too many publication bans CBA task force on conflicts of interest Greening your law firm: A practical guide 3 free trial days Gang laws mean we need more money, lawyers BC Apology Act Taking your own counsel The dark side of justice Lawyers’ fee fight Let judges run courts, lawyers say Access to justice a 'basic right' Chief justice defends embattled lawyers Lawyers Gone Bad Response to the Canadian Bar Association Lawyers are rats Exposé makes lawyer Enemy No. 1

Leniency behind youth crime There's and old adage in economics: If you want more of something, subsidize it; if you want less, tax it. The same could also be said slightly differently in sociology: If you want more of a certain behaviour, reward it; if you want less, punish it. There are complicating factors in both disciplines, but as general rules, both adages hold true. Time for the truth Crime stats: drilling down for the truth Fewer youths charged with crime Canadian Research Institute	Target - violent young offenders Should violent young offenders be named? Youth sentencing changes proposed Bill C-4 'Sebastien's Law' Curb bail for suspected killers, Ottawa told Interrogators must tailor questioning of youth Youth custody 2005-2006 Crime statistics 2007 Defining crime down to our comfort level Number of youths sentenced drops Youth custody 2004/2005 Rally demands youth justice changes Prison would 'contaminate' killer

BC Appeal Court holds judges to impossible standard VANCOUVER - First Kelly Ellard got one, and now Darlene Young has received a get-out-of-jail-free card from the BC Court of Appeal, though both were convicted twice of murder. The province's highest court has ordered expensive new trials in both cases because appeal panels concluded the judges in each case screwed up instructing the jury. (Vancouver Sun)	2009 SCC 41 Appeal court overturns reporter's firing BC Court of Appeals Court of Appeal tells Ottawa to amend Indian Act 4th trial for Ellard Make the justice system accountable SCC reinstates conviction 2009 SCC 27 Conviction restored SCC upholds conviction Murder of Virk and trials of Ellard

Compensation due TORONTO - Ontario's Ministry of the Attorney General is in the highly unusual position of having to pay thousands of dollars in legal costs to nine alleged gang members who were denied timely bail hearings. (Toronto Star)	Taxman can't jump queue OTTAWA - Federal and provincial tax collectors are no different from other creditors of a bankrupt company and cannot force a trustee to pay the taxes ahead of others, Canada' highest court ruled. (CBC) JUDGMENT: 2009 SCC 49

SCC rejects damage award OTTAWA - The Supreme Court of Canada has rejected a damage award for widows of the miners slain during the bitter 1992 Giant Mine strike. (CP) JUDGMENT: 2010 SCC 5	Loss of passport challenged MONTREAL - A Montreal man is asking the Quebec Superior Court to strike down a federal law that can see parents who don’t pay child support lose their passports and other licences. (CBC)

Lawyer's spin The lawyer for Gilles Blackburn says she's surprised by the level of animosity being thrust toward her client. When asked if the court action might force search and rescue teams to reconsider their volunteer work, Nancy Wilhelm-Morden, Blackburn's lawyer said, "That's what liability insurance is for." (CP)	Lawsuit puts a burden on rescue volunteers Lawsuit will forever alter search & rescue Good Samaritan law Shutting down search & rescue BC rescuers stop service

Man must pay child support TORONTO - A Toronto-area man must continue paying child support to his former wife despite DNA tests proving he is not the biological father of her 16-year-old twins, an Ontario Superior Court judge has ruled. (National Post)	Developers found liable VANCOUVER - The developers of the Westin Grand Hotel have been found liable to pay compensation to investors as a result of false financial projections that were overly optimistic. (Vancouver Sun)

SCC overturns conviction OTTAWA - The Supreme Court of Canada overturned a first-degree murder conviction and ordered a new trial for a Hungarian drug dealer who was in Canada illegally when he was charged with shooting an associate whose severed head was found near Squamish, BC. (CanWest) JUDGMENT: 2008 SCC 57	SCC rules police can search your trash Trash' case tests privacy rights Police have right to hunt through trash Trash search 'violated' pair 2009 SCC 17

Police need search warrant VANCOUVER - A BC Supreme Court judge has upheld a provincial law that allows municipal inspection teams to investigate homes suspected of being marijuana-growing operations, but ruled that police cannot enter a residence without a warrant. (Sun) MORE: Warrant required	Justices seek to scrap family court TORONTO - Two of Ontario's chief justices are calling for the province's family court system to be scrapped and replaced with a new model that would see custody and property disputes decided by judges housed in the same courthouse, alongside a variety of family support services. (Toronto Star)

Jailing mentally ill WHITEHOUSE - The Yukon Court of Appeal says using a prison as a hospital for the mentally ill does not infringe on a person's human rights under the Charter of Rights and Freedoms. (CBC)	BC Transit violated free speech OTTAWA - BC Transit violated rights to free speech when it refused to carry political ads on the outside of its buses, the Supreme Court of Canada has ruled. (CTV) JUDGMENT: 2009 SCC 31

SCC upholds acquittal OTTAWA - The Supreme Court of Canada has upheld the acquittal of a Quebec man, who was arrested by police who mistook him for his brother, and later found to be carrying a bag of crack cocaine. (CBC) JUDGMENT: 2009 SCC 57l	Disbarred lawyer sentenced HALIFAX - A disgraced Halifax lawyer has been sentenced to four years in prison for stealing more than $1.3M from nearly three dozen clients. Srinivassen Pillay was sentenced Monday in Halifax after pleading guilty to 34 counts of theft. (CBC)

Man found guilty of threatening crown attorney WINNIPEG - A Winnipeg man has been found guilty of threatening to burn down the home of a provincial Crown attorney only hours after he was sentenced for threatening to kill her. Patrick Noble, 26, was convicted of criminal harassment and uttering threats. (Mike on Crime)	Woman suing for $2.5M TORONTO - A Canadian woman who was stranded in Kenya for three months when her passport was rejected by Canadian consular officials who believed her to be an impostor, is suing the government for $2.5M. (Montreal Gazette) PREVIOUS: Diplomat recalled How much is 3 months worth?

Blocking transfer "unreasonable' OTTAWA - Public Safety Minister Stockwell Day's crackdown on transferring Canadians from US prisons has been dealt a blow by a judge who has ordered the minister to reconsider his "wholly unreasonable" decision to block a convicted child molester's request to serve out his sentence in his home country. (Ottawa Citizen)	Class action blowback TORONTO - The unusual scenario could hardly have been envisioned five years ago, when a team of class-action lawyers led by the Toronto firm of Roy, Elliott, O'Connor LLP, appeared before the judge with a proposed retainer agreement, which would have seen 50% of pension arrears paid to the claimants diverted to the lawyers. (Toronto Star)

Enough NANAIMO - Jerry Rose alleges that various computer systems and chips run by the RCMP and the province have been controlling his thoughts and behaviour. (Nanaimo Daily News) PREVIOUS: Mind control not a farce BC judge hears $2B lawsuit Tin foil hat	Law society’s 'good character' TORONTO - A convicted hijacker and terrorist who is facing deportation tried to convince the Law Society of Upper Canada that he's rehabilitated and should be called to practise law in Ontario. (Sun Media) PREVIOUS: Hijacker says he shouldn't be deported

Fine reduced for welfare fraud VANCOUVER - Two welfare cheats who were fined $150,000 for defrauding the government have had the fine reduced on appeal to $10,000 each. (Vancouver Province)	Abortion clinics remain protected VANCOUVER - BC's highest court has upheld a law that established bubble zones around abortion clinics under siege from protesters. (Vancouver Province)

Lead by example VICTORIA - I've got a great suggestion for Madam Justice Carol Ross, the judge who ruled last week that it's OK for street people to camp in city parks: Why not let the homeless just bunk down in your courtroom every night? After all, it's a public space and it would be a lot more comfortable for people than sleeping in a cold, wet park. (Vancouver Province)	Right to camp in parks Court upholds right to camp in public parks Police wary of power to round up homeless Judge pitched her tent on shaky grounds Homeless bylaws 'unconstitutional' No solutions in courts Police break up tent city Right to camp in city parks

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	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

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	5 years for bribery scheme OXFORD, Miss. - Richard 'Dickie' Scruggs, who became one of the wealthiest lawyers in the country by taking on tobacco, asbestos and insurance companies, was sentenced to five years in prison for conspiring to bribe a judge. (AP) PREVIOUS: US Class action lawsuits

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)	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

Court strikes down agreement OTTAWA - The United States is not a safe country for refugees, the Federal Court said 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) MORE: Judge strikes down law 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)

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)

Crown appeals ruling EDMONTON - The Crown has filed an appeal of a landmark ruling by a Court of Queen's Bench justice who rejected a judge's ban prohibiting media outlets from reporting details of Michael's White's 2005 bail hearing. On May 31, Justice Scott Brooker ruled that automatic ban was unconstitutional because it contravened freedom of the press and could lead to potential misunderstanding and mistrust of the justice system. (Edmonton Journal)	Tainted blood trial acquittals TORONTO - An Ontario judge has acquitted all defendants in the tainted blood scandal, angering victims of the worst public health disaster in Canadian history. Former Canadian Red Cross chief Dr. Roger Perrault, three other doctors and the New Jersey-based Armour Pharmaceuticals Co. were all acquitted. (CTV) PREVIOUS: Accused in tainted blood trial exonerated All acquitted in tainted blood scandal Blood scandal Krever Commission

SCC hears case cloaked in secrecy OTTAWA - A police informant seeking complete confidentiality about his extradition battle clashed with media outlets fighting for an open court system when the Supreme Court of Canada heard arguments in a case cloaked in rare secrecy. (CanWest) PREVIOUS: Caseload reduction baffles Supreme Court Justice is a myth in Canada	Reversal of Teskey verdict sparks complaint about judge EDMONTON - Gail Vickery, Chief Judge of the Alberta Provincial Court, says Lesley Miller's formal letter of complaint against an Alberta provincial court judge will be looked into promptly. (Edmonton Journal) PREVIOUS: SCC overturns conviction Judge took too long to write reasons for verdict

Pot advocate must get drug in jail CALGARY - A judge says he had no choice but to send medicinal marijuana crusader Grant Krieger to jail for drug trafficking, but he wants assurances corrections authorities will uphold Krieger's constitutional exemption to have the drug behind bars to alleviate pain for his multiple sclerosis. (Calgary Herald)	Judging the judges VANCOUVER - I was all set to join the rising tide of protest against the appeal- court judges who toned down Darnell Pratt's sentence for the torture-killing of gas jockey Grant De Patie on racial grounds. But then I did something I suspect few others have. I read the judgment. (Vancouver Province) JUDGMENT: Court of appeal for BC: R. v. Pratt

Appeals shelter war criminals MONTREAL - More than two years after the Supreme Court of Canada deemed Leon Mugesera a war criminal and ordered him out of the country, the exiled ethnic Hutu hard-liner is still living in Quebec. (CanWest)	Accused Nazi war criminal lied to get in 'Beast of Bolzano' another chance to stay Convicted Nazi prison guard loses appeal Genocide suspect 'laughed' War crimes suspect arraigned in Montreal court Mounties charge Rwandan with war crimes
Accused war criminal free to stay Canada refuses to extradite War Criminal War crimes 'beyond control' of accused War criminal extradited Canada extradites war criminal to Italy	Hearing probes refugee status Mounties focus on war crimes Saltspring 'Joe' wanted for war crimes RCMP war crimes and special investigations Ex-Nazi guard arrives in Italy

Judge throws book at rioters MONTREAL - Bitch. Racist. Nazi. And one more for good measure: Eva Braun. A Quebec Superior Court judge was hit by a barrage of invective yesterday as a courtroom packed with friends and family of seven Mohawk rioters she was sending to jail erupted in insults and slurs. (Gazette)	Broken promises ok TORONTO - It's official: Politicians can break campaign promises with impunity. (G&M) The Criminal Code defines fraud as a deliberate deception resulting in a personal benefit. One could argue the lie resulted in the benefit of the seat in the Legislature if one was inclined to tilt at windmills. Then again, reasonable people know our political leaders can't be trusted.

Supreme Court Canada: judgements	Supreme Court of the US: Opinions

Alberta Courts Judgments	British Columbia Courts Judgments


Prime Time Crime	Recent Headlines