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Archive for October, 2011

Defendant Not Bound by Informer Priviledge

The duty to protect and enforce informer privilege rests on the police, the Crown, and the courts. The latter must not disclose any information that would tend to reveal an informer’s identity. However, the defence is not bound by any such duty in undertaking its own investigation independently of the courts and the prosecution. The… Read More »

Political Decisions now reviewable by the Courts – What happened to Parliamentary Supremacy?

The discretion vested in the Minister of Health is not absolute:  as with all exercises of discretion, the Minister’s decisions must conform to theCharter.  If the Minister’s decision results in an application of the CDSA that limits the s. 7 rights of individuals in a manner that is not in accordance with the Charter, then the Minister’s discretion has… Read More »

The Offender’s Ability to Pay a Court Fine

The legislative purpose behind s. 734(2) of the Criminal Code is to prevent offenders from being fined amounts that they are truly unable to pay, and to correspondingly reduce the number of offenders who are incarcerated in default of payment. A court may impose a fine only if satisfied, on a balance of probabilities, that the offender has the… Read More »

Italian Seismologists to Stand Trial on Manslaughter Charges

September 28th, 2011 by Joseph Marcus In what has been described as a “medieval-style attack on science,” Italian prosecutors have charged six seismologists and one public official with manslaughter for their role in an earthquake that devastated the town of L’Aquila. The 6.3-magnitude earthquake took the town by surprise on April 9, 2009, resulting in over… Read More »

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