R. v. Hines, 2016 ONCJ 561 (CanLII)

[1]         Tyrone Hines pleaded not guilty to failing to comply with his recognizance that ordered him not possess any drug paraphernalia. The crown elected to proceed summarily and called two police officers. Crown counsel concedes Mr. Hines’ section 10(a) and 10(b) Charter rights were violated when police failed to advise him of his... Continue Reading →

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Williams v. Toronto (City), 2016 ONCA

"It is established that government actors are not liable in negligence for policy decisions, but only operational decisions. The basis of this immunity is that policy is the prerogative of the elected Legislature. It is inappropriate for courts to impose liability for the consequences of a particular policy decision. On the other hand, a government actor may be liable in negligence for the manner in which it executes or carries out the policy."

Canadian judge to rape accuser: ‘Why couldn’t you just keep your knees together?’ | World news | The Guardian

A Canadian federal judge is facing possible removal for asking the accuser in a 2014 rape trial: “Why couldn’t you just keep your knees together?”The Canadian Judicial Council (CJC) is determining the fate of justice Robin Camp, 64, who apologized on Friday for his questioning of the 19-year-old woman.Camp, who was born in South Africa... Continue Reading →

Mandatory Minimum Ruled Unconstitutional

[56]           For all these reasons, I am satisfied that ss. 7(2)(b)(v) and (vi) violate s. 12 of the Charter. The remaining issue is whether these provisions can be justified pursuant to s. 1 of the Charter. This issue is relatively straightforward in light of Nur and Lloyd. In R. v. Nur, supra... Continue Reading →

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