For as long as anyone can remember, judges have had a discretion to strike out a jury where the complexities of the case warrant it, the rationale being that judges are better able by training and experience to understand and process difficult issues. The Administration of Justice Act, 1877, section 255, provided that: “Notwithstanding anything in
Is There a Constitutional Right to a Jury in Civil Cases? Read More »
Liability for criminal conduct requires an intent to cause harm. An important question in criminal law is the degree to which lesser states than actual knowledge can form the basis for a criminal conviction. In the decision of the Supreme Court of Canada in R. v. Briscoe, 2010 SCC 13 released today, the Court makes
What is Wilful Blindness? Read More »
Sadly, Justice Stephen Borins of the Court of Appeal for Ontario passed away on June 13, 2009. Justice Borins was appointed to the then County Court in 1975 and was highly respected throughout his career for the quality and thoughtfulness of his judicial writings, which were characterized by historical references and scholarly analysis. Justice Borins
The Honourable Justice Stephen Borins Read More »
There is an interesting decision reported in the most recent edition of the Ontario Reports, a weekly journal with important decisions from Ontario Courts. The case involved a conviction for money laundering by a lawyer and an appeal of the conviction and three year sentence. The lawyer, Simon Rosenfeld, was caught red handed when he
Section 11(b) of the Charter of Rights and Freedoms guarantees to any person charged with an offence the right “to be tried within a reasonable time.” What is reasonable is left to the Courts to decide in the circumstances of individual cases. There are guidelines. The Supreme Court of Canada has said that, for less
Trial Within A Reasonable Time Read More »
On July 17, 2009, the Supreme Court of Canada released four decisions on the important question of the circumstances in which evidence obtained by the police in a manner contrary to the Charter of Rights should be excluded from consideration at trial. Section 24(2) of the Charter states “Where, in proceedings under subsection (1), a
Bringing the Administration of Justice Into Disrepute Read More »
In an interesting decision, the Court of Appeal for Ontario took the unusual step of overturning an acquittal by a jury on a charge of first degree murder. The decision in R. v. Abbey, 2009 ONCA 624, is noteworthy for the extended analysis by Mr. Justice David Doherty on the scope of expert evidence, in
The Scope of Expert Evidence Read More »
Trial lawyers are constantly searching for those elusive qualities of clients and witnesses which will capture the attention of the Court and result in favourable treatment by a judge or jury. Opinions on the subject are frequently based on little more than gut reactions. In the recent case of Catholic Children’s Aid Society of Toronto
The Qualities of a Good Witness Read More »
The Ontario justice system lost a leading light on May 17, 2009, when David Humphrey passed away at the age of 83. Justice Humphrey was a leader of the criminal bar for over 35 years and was known for his extraordinary cross-examination skills, his humour and story telling ability. For years, he held court in
David Humphrey: A Legendary Canadian Lawyer Read More »
The Globe & Mail is reporting today on a case of alleged corruption involving participants in the Ontario justice system. The case started out as an investigation into fraud at Bombardier Inc. and has since expanded to include a member of the Ontario Provincial Police and a Toronto Crown Prosecutor. Included among the charges against
Disturbing Allegations Read More »
