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.

pregnancy or other personal circumstances, such as medical conditions or disabilities.

Source: Canadian Bar Association – Women Lawyers Forum advocates reform to gowning policy in courts

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.

An Ontario Superior Court ruling found disallowing peremptory challenges would violate Charter rights

Source: Lawyers wrestle with conflicting views on peremptory challenges

IMMEDIATE ROADSIDE SUSPENSION FOR IMPAIRED DRIVING (MANITOBA) – It looks like in Manitoba they are not using the criminal justice system to deal with routine impaired driving offenders but rather using provincial road safety legislation to impose immediate sanctions. It is an interesting approach even though there are a lot of problems with it such as being “road justice” delivered entirely by police officers with no opportunity to defend or challenge the decision, or being punished for being in the warn range even though it is not a criminal offence, or if you don’t own a vehicle you cannot comply with the ignition interlock requirement, or ….

Source: Impaired drivers will lose their vehicles immediately under new sanctions | CBC News

THE BAN ON PEREMPTORY CHALLENGES – It only took 7 weeks to strike that down as unconstitutional. “The lawfulness of jury verdicts across the country will remain doubtful until (many years from now) the Supreme Court of Canada has addressed the constitutionality of the new regime.” The process of jury selection, now and for the foreseeable future is in turmoil.

The ruling highlights the potential for chaos in jury trials across the country, now that the selection process has become an unsettled area of law

Source: Jury trials at risk as judge strikes down federal ban on peremptory challenges enacted after Boushie case

THE TEXTALYZER – This is the interface where technology directly challenges privacy rights (or in other words where the rubber meets the road). It is an ever-changing landscape.

A Toronto lawyer and prominent road safety advocate is pushing Ontario to implement a controversial technology that would allow police to test cellphones at the side of the road to see if drivers are using them behind the wheel. The device is called the Textalyzer, and the technology is being debated in several U.S. cities.Its developer, Israeli-based Cellebrite, said…

Source: Toronto lawyer pushing province to bring in ‘Textalyzers’ to catch texting drivers | CBC News – Med News Ledger

WARNING – To those who choose to steal from donation boxes now, at Christmas or at any time be forewarned that if convicted there is a high probability that you will have direct transportation to our local correctional center.

With October coming to an end and Canada stepping into November, it’s officially the right time to start wearing a poppy to remember the sacrifices made by countless Canadian veterans. The Canadian Legion has poppy pins in donation boxes across the country, and while most people pay the proper respect to the symbol, there have already been thefts of these donation boxes in 2019.

Source: Canadian Legion Poppy Pin Donation Boxes Are Already Being Stolen Before November