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Criminal Defence Law Blog

DOES THE “JORDAN” CEILING OF 18 MONTHS APPLY TO YOUTHS? – In R. v. Jordan the S.C.C. protected the constitutional right to trial within a reasonable time by setting a presumptive ceiling of 18 months in Ontario Court proceedings. The court decided that the same ceiling applies to youth justice court proceedings. The clock runs at the same rate for youths. At least for now.

Posted bywpengine 15 November 2019

Source: R. v. K.J.M. – SCC Cases (Lexum)

Posted bywpengine15 November 2019Posted inUncategorized

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PEREMPTORY CHALLENGES – Do we have them or not? Does an accused person have the right to participate in the selection of the jury that is going to try him? Nobody knows. It makes it extremely difficult to pick a jury. This is an excellent example of how hard cases make bad law.
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WHY DO WE WEAR GOWNS IN COURT? – “The centuries-old tradition of gowning in court is overdue for a modernization.” Yes, it is tradition but the Canadian Bar Association is advocating for exceptions such as pregnancy or other personal circumstances, such as medical conditions or disabilities. I ask why we, now well into the 21st century, continue to wear gowns at all.

Recent Posts

  • “BELIEVE THE VICTIM” – discloses a legal and logical fallacy. In law, a “victim” is not a victim unless and until the crime has been proven in a court of law. Rosie DiManno of The Star has commented upon the Hockey Canada case as follows:
  • JURY DUTY – A lot of people don’t want to serve as a juror but it can be a very interesting and rewarding experience. Not much is generally known about it, so this interview and article can be very informative.
  • Preparing for a fight is sometimes harder than actually being in one.
  • THE TRUE NORTH STONG AND FREE: Canada Day is a good day to affirm that as criminal defence lawyers we do not just defend the innocent and the guilty but by doing so we protect the fundamental rights of freedom we all enjoy, from encroachment by the legislative branch of government who make the laws and by the executive branch whose police execute those laws in the way they interact with us in our daily lives. This is why we are passionate about what we do. Celebrate and enjoy our Canadian freedom today!
  • The myriad of rules and the maze of complex administrative procedures involved in processing every criminal charge, which is distinct for each judicial district, involves an incredible waste of time and is difficult to manage for seasoned, knowledgeable lawyers, let alone nearly impossible for those who may choose or need to navigate the system themselves without a lawyer.
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