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THE NEW GHOMESHI RULES – As we say, tough cases make bad law.
Basically, the new legislation is a form of virtue signalling which asks our judges to engage in inappropriate and dangerous social activism.
Source: New “Ghomeshi Rules” will turn our courts into a circus – The Post Millennial
NOTE: YOU CANNOT TAKE CANNABIS ACROSS THE BORDER INTO THE UNITED STATES – whether it’s in flower, edible or oil form or whether it’s THC or CBD, it doesn’t matter. You CANNOT take it into the U.S. Period.
REVERSE DISCLOSURE IN SEXUAL ASSAULT CASES – More Charter challenges, more appeals, more uncertainty, more delays. We’ll be litigating this one for years.
Saskatchewan judge Bruce Henning found the reforms force defence lawyers to disclose too much of their evidence to the complainant ahead of time
Source: Citing Ghomeshi, judge deems Liberal reforms in sex assault trials unconstitutional
JURY SELECTION – The jury selection process will be again in a state of flux as Parliament, as of September 19th, will require Judges to become involved in the jury selection process without any form of guidance as to how they are to ensure a fair and impartial jury. The result will be more challenges for cause which will slow down and complicate trials and more appeals asserting improper jury selection.
NON-OFFENDING PEDOPHILES – This is a difficult topic.
Getting help for pedophilia is risky in the U.S., where therapists are obligated to report people they deem a threat to children.
Source: The Men Who Call Themselves Non-Offending Pedophiles
STUDENT RUN LEGAL CLINICS PROVIDE IMPORTANT SERVICES – “Law school clinics not only provide legal services to those who cannot otherwise afford them — a feat in its own rite given that clinic workers help tenants keep their homes, workers keep their jobs and parents keep their children. They are also key hubs for experiential learning, especially in areas where the access to justice crisis in Ontario has become most dire, such as housing and immigration. For law students across the province, an attack on our clinics is an attack on our future.”
U of T law student Teodora Pasca says Legal aid cuts and the Student Choice Initiative threaten the future of the legal profession
Source: The Ontario government is destroying university legal clinics
POLITICIANS GONNA POLITIC – Vulnerable immigrants and refugees gonna suffer.
Michael Spratt analyses the aftermath of Ontario’s Legal Aid funding cuts
Source: When Legal Aid is a political prop, Access to justice suffers
Janayre Marie Smith Vaughan
THE RIGHT TO REMAIN SILENT – DOES IT STILL APPLY IN SEXUAL ASSAULT CASES?
Trying to set a level playing field in situations as fraught as sexual assault cases is exceedingly complex. But governments have tried. Last year, when Bill C-51 took effect, the rules in sexual assault trials changed so that, if a defendant’s
Source: EDITORIAL: Sexual assault law a tricky balance | The Chronicle Herald