October 3, 2014

October 5, 2014

SLIM’S

CRIMINAL LAW UPDATE

 

A legal update focussing on Criminal

and related Charter matters

By Steven G. Slimovitch, Attorney, Oct 3, 2014.

 

Steven G. Slimovitch, B.A., LL.B., provides legal counsel to individuals and corporations in the areas of criminal, penal and Charter of Rights litigation.  With over 20 years of experience as a criminal defence attorney he has successfully represented clients before all levels of courts including the Supreme Court of Canada.  Highly regarded by the judiciary, the prosecution, and his colleagues for both his intellectual rigor and his strict adherence to ethics, his expertise is highly sought out by clients, and colleagues.  He is frequently called upon by the media because of his ability to clearly analyse current legal matters.  He can be reached at 514-984-2309 or slimovitch@montrealcriminallaw.com.

 

IN THIS ISSUE OF THE SCLU:

1. CANADIAN LAW

2. SUPREME COURT OF CANADA

3. AMERICAN LAW

4. INTERNATIONAL LAW

 

 

 

 

1. CANADIAN LAW

Bad connection: Prison cell phone seizures rising as officials seek solution

OTTAWA - Annual seizures of mobile phones from federal prisoners have more than doubled in recent years as correctional officials try to prevent their clandestine use in drug trafficking and organized crime.

 

Quebec woman who stopped for ducks to be sentenced Dec. 18

A woman convicted in the death of a motorcyclist and his daughter who crashed into her car when she stopped to help a family of ducks will be sentenced on December 18.

 

Canada's judges fear they could be in the crosshairs when Tories drop election writ

With a federal election no more than a year away, the Canadian judiciary could find itself a target as Prime Minister Stephen Harper’s Conservatives campaign for a fourth term in power.

 

Is a new phone app a legitimate way to ensure consent?

TORONTO – The worlds of dating and technology often make for strange collaborations, and a new app meant to reduce sexual assault is proving just that.

 

Criminalizing prostitution will not make it safer for prostitutes says panel at University of Guelph

Guelph Mercury

GUELPH —Bill C-36 will change the laws around prostitution in Canada, but will it actually make life safer for prostitutes?

 

The always-on stalker

In the middle of the night on a quiet, residential street in Halifax, a 28-year-old man climbed the steps of a white house with a red door. In the apartment upstairs lived a 30-something woman he found on Craigslist a couple hours earlier. The ad said, "I need it."

 

Court system undermines the legal presumption of innocence, forum hears

The legal presumption of innocence, a bedrock principle of Canadian justice, is being undermined by a court system that keeps people who have not been convicted of a crime imprisoned for long periods, the director of the Canadian Civil Liberties Association’s public safety program told a public forum Wednesday.

 

There’s no “mushy middle” on euthanasia

Many know the saying “You have to fish or cut bait”. Many fewer know the law’s equivalent, “You can’t approbate and reprobate”. But the Canadian Medical Association’s recent dealing with their 2007 Policy on Euthanasia and Assisted Suicide makes it seem they are unaware of the warning and wisdom these axioms communicate.

 

Highlights of the grim testimony at the Magnotta murder trial

The defence opened with a bombshell, saying Luka Magnotta admits to killing Jun Lin but should be declared not criminally responsible because he's been a diagnosed schizophrenic for 13 years.

 

Duane Rhyno, lawyer charged with human trafficking, pimping, released

Lower Sackville lawyer Duane Rhyno is free from custody pending his next court appearance on human trafficking, pimping and sex charges.

 

Websites defiantly flout publication ban in widely known child porn case

In defiance of a Nova Scotia court ban on naming a high-profile child pornography victim, supporters have taken to the web to flout the measure, arguing that it does a disservice to the girl’s memory.

 

Wrongfully convicted man may face obstacles in suing Ottawa police, province

TORONTO - A wrongfully convicted man who spent 31 years in prison says he just wants compensation so he can live his remaining years with some financial security.

 

An environment for rehabilitation and recovery

What is Forensic Psychiatry?

 

Air Canada forced to warn pilots they could be sacked or face criminal charges after discovering PORN in plane cockpits

A Canadian airline has sent a warning to its pilots to stop bringing pornographic material into the cockpit.

 

McGill football star charged with domestic violence

A Canadian university football star with a troubled history is facing criminal charges related to domestic violence, raising new questions about how McGill University recruits athletes and handles discipline.

 

Bill takes aim at assaults on transit operators

(Canadian OH&S News) — A bill proposing to amend Canada’s Criminal Code to take violence against bus drivers and taxi drivers into consideration has reached its third reading in the Senate, which officially reopened on Sept. 15.

 

B.C. law society will hold referendum on Trinity Western accreditation

The Law Society of B.C. will hold a referendum on the proposed law school at Trinity Western University after yet another vote on the fate of the contentious program.

 

Court ruling frees man from murder charge

A recent Supreme Court of Canada ruling has prompted the Crown to drop a first-degree murder charge against a Nova Scotia man accused of killing his girlfriend.

 

Blatchford: Judge makes right call with ban on victim’s name in Halifax child porn case

You know her name. - Almost everyone in Canada does.

 

Mandatory minimums branded ineffective, overly constraining

The Supreme Court should stem the rising tide of mandatory minimum penalties by taking a “more robust” approach to the Charter’s protection of fundamental justice and ban on cruel and unusual punishment, according to a new report which says Canadians can’t afford the rising social, financial and legal costs of mandatory minimum penalties (MMPs).

 

‘There wasn’t much else they could have done': Why Canada is surprisingly impotent at dealing with violent sex offenders

Raymond Caissie's alleged crime wasn't a surprise

 

As murders and disappearances mount, Canadian women ask: 'Am I next?'

Nestled near the city of Winnipeg, Manitoba’s Red River and Assiniboine meet at a point called the Forks, not far from where the body of 15-year-old Tina Fontaine was pulled from the water this August. They found her stuffed inside a plastic bag.

 

Criminal lawyers on the defence in Alberta

The associations representing criminal lawyers in Alberta say the justice minister in that province is doing “damage to the administration of justice” and should resign.

 

Ottawa man gets 24 years after surprise guilty plea in terror plot

OTTAWA — An Ottawa man, the third suspect charged in a homegrown terror plot to build explosive devices, entered a surprise guilty plea Wednesday and got a 24-year jail sentence for his lead role.

 

Man charged after smashing windows of CBC Ottawa headquarters

OTTAWA - The Ottawa Police Service today arrested a male on scene for significant damage to property in the 100 block of Queen Street, Ottawa.

 

Guilty plea in animal hoarding case

Two Londoners have pled guilty in a case of animal hoarding the London Humane Society calls 'horrific.'

 

'Confused' prostitution bill can't be fixed, lawyer Alan Young says

Alan Young, one of the main lawyers behind retired dominatrix Terri-Jean Bedford's decade-long battle to overturn Canada's prostitution laws, had the chance to tell a Senate committee what he thought of the government's proposed rewrite earlier today.

 

Dealing with foreign fighters who return home must go beyond imprisonment, experts say

With reports surfacing that some westerners fighting in Syria and other conflict zones have become fed up with what they signed up for, governments are wrestling with how to deal with this disillusioned bunch if they come home.

 

Excès de vitesse: Ils voulaient sauver leur petit chien

LAVAL – Un couple a obtenu une amende salée pour excès de vitesse en voulant se rendre d’urgence à la clinique vétérinaire pour sauver son petit chien mourant.

 

Un responsable d'un groupe terroriste arrêté à Ottawa plaide coupable

OTTAWA - Un homme qui était à la tête d'un groupe terroriste à Ottawa a enregistré mercredi matin en cour un plaidoyer de culpabilité, ce qui devrait lui valoir une peine de prison de 24 ans.

 

L'UPAC veut revoir le traitement des délateurs

MONTRÉAL - Il faudrait revoir le traitement des délateurs alors que l'Unité permanente anticorruption (UPAC) peine à les recruter, faute de protection suffisante, suggère le commissaire à la lutte à la corruption.

 

2. SUPREME COURT OF CANADA

R. v. Mack 2014 SCC 58 September 26.

Confessions — “Mr. Big” confessions — Charge to jury — Accused confessing to murdering his roommate during Mr. Big operation — Whether accused’s confessions should be excluded under s. 24(2) of Charter — If not, whether trial judge’s jury charge adequate on evidentiary concerns of Mr. Big confessions — Whether trial judge’s jury charge also adequate on reliability of Crown witness’ testimony

 

3. AMERICAN LAW

Have crackdowns on insider trading gone too far?

Americans like a white-collar perp walk. U.S. lawmakers like them even more, which is why the country has embraced a rough justice that rewards high-profile takedowns and lucrative shakedowns whose punishments are increasingly being criticized as excessive and heavy-handed.

 

4. INTERNATIONAL LAW

UK man jailed for 18 weeks for threatening MP on Twitter

A British man will have 18 weeks to think over offensive and violent tweets he hurled at a Labour MP who campaigned to have Jane Austen included on the £10 note.

 

UPDATE 3-Gunmen kill 15 at college in north Nigeria's Kano

KANO, Nigeria, Sept 17 (Reuters) - Gunmen stormed a higher education college in northern Nigeria on Wednesday, firing on fleeing students and setting off an explosion in an attack that killed at least 15 people and wounded 35, police said.

 

Jamila Bibi could be stoned if deported from Sask. to Pakistan

Jamila Bibi, a Prince Albert, Sask., woman facing criminal charges in Pakistan, could be the target of an honour killing by her husband's family because of adultery allegations if she is deported, her lawyer says.

 

Turkish Citizen Indicted For Foreign Downloads of Submarine Drawings

a Turkish citizen and co-owner of Clifton, New Jersey based Clifmax LLC — has been arrested based on a criminal complaint, dated September 12, charging him, among other things, with violating the Arms Export Control Act by exporting without a license certain drawings relating to the NSSN (Virginia) class submarine. (And, no, I am not reporting this case simply because the company is named Clifmax, although that is, leaving the alleged criminal conduct aside, an awesome name for a company.)

 

Former SNC-Lavalin executive Riadh Ben Aissa pleads guilty to corruption charges

MONTREAL — Riadh Ben Aissa was a jet-setting executive once hailed as a legend within SNC-Lavalin Group Inc. for his problem-fixing prowess. Now he stands disgraced for bribing the playboy son of deposed Libyan dictator Muammar Gaddafi and pocketing tens of millions of dollars.

 

Canadian businessman sentenced to 15 years in prison in Cuban ‘travesty of justice,’ company says

A Canadian transportation firm is reacting with outrage to the news that its 74-year-old president has been sentenced to 15 years in prison in Cuba, saying the conviction was completely predetermined and a “travesty of justice.”

 

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