ARCTIC OBITER

More documents

Recommendations

Info

16 | <strong>ARCTIC</strong> <strong>OBITER</strong> (CONTINUED FROM PAGE 15) trial. Accused is 38 years of age, from Fort Resolution and Lutsel K'e. He had a high school education, and traditional and cultural knowledge and skills. He was employed for the past three to four years, and has three children, aged 1, 2 and 4. He has extensive family support. The accused had a lengthy criminal record, including five previous convictions of violence. Aggravating factors - the complainant was under the age of 18, "… this was a brutal and egregious act of violence, a predatory offence, where the accused displayed total disregard for the personal and bodily integrity of [the] 16-year old [victim]." Mitigating factor - the guilty plea. Accused had served 10 1/2 months on remand. Sentence: (joint submission by counsel): time served, probation of 3 years including no contact with any female under the age of 18 (except for his children) unless in the presence of a sober adult; not to possess or consume alcohol; firearms prohibition but authorization for a license to possess a firearm for sustenance hunting only; sex offender registration under the Sex Offender Information Registration Act for 20 years; DNA order. CASES CITED R. v. Wust [no citation given] NOTICES The Supreme Court of the Northwest Territories Court of Appeal of the Northwest Territories SCHEDULING NOTICE TO MEMBERS OF THE BAR PLEASE TAKE NOTICE THAT THE NEXT SUPREME COURT GENERAL CRIMINAL LIST WILL BE CALLED ON: Thursday, September 2, 2010 at 14:00 hrs NOTE: AT YELLOWKNIFE NT IN COURTROOM #1 1. All Counsel (Crown & Defence) with pending matters are to attend the Calling of the List, either personally or by agent. 2. For those pending matters in which the Accused person has elected trial by Judge and Jury, counsel (both Crown & Defence) are to advise the presiding Judge at the time of, or prior to, the Calling of the List whether the matter will indeed be proceeding as a contested Jury Trial and, if so, the estimated duration of the Jury Trial. 3. For those with Summary Conviction Appeals, please be reminded of Rule 117 of the Criminal Rules of the NWT. NOTICE TO MEMBERS OF THE BAR PLEASE TAKE NOTICE THAT THE LIST OF CASES PENDING AND THE GENERAL APPEAL LIST WILL BE CALLED BY A JUDGE IN CHAMBERS ON Thursday, September 2, 2010 at 15:00 hrs at Yellowknife NT IN COURTROOM #1 for the Court of Appeal Assize commencing October 19, 2010 COUNSEL ARE REMINDED OF THE FOLLOWING NEW FILING DEADLINES FOR APPEALS FILED AFTER MARCH 1, 2006: CIVIL APPEALS and CRIMINAL APPEALS a) Appeal books must be filed not later than 12 weeks from the date on which the notice of appeal was filed. b) Appellant’s Factums must be filed within 60 days of filing of the appeal book or within 7 months of the notice of appeal whichever date is earliest. c) Respondent’s factum must be filed within 30 days of being served the appellant’s factum. d) Only those appeals that have been perfected as at September 2, 2010 will be set for hearing at the October 19, 2010 assize.
MAY 2010 | 17 S.C.C. UPDATE HERE IS A SUMMARY OF ALL APPEALS AND ALL LEAVES TO APPEAL (ONES GRANTED – SO YOU KNOW WHAT AREAS OF LAW THE S.C.C. WILL SOON BE DEALING WITH IN CASE ANY MAY BE AN AREA OF LAW YOU’RE LITIGATING/ADVISING/MANAGING). FOR LEAVES, I’VE SPECIFICALLY ADDED IN BOTH THE DATE THE S.C.C. GRANTED LEAVE AND THE DATE OF THE C.A. JUDGMENT BELOW, IN CASE YOU WANT TO TRACK AND CHECK OUT THE C.A. JUDGMENT. APPEAL JUDGMENTS ABORIGINAL & ENVIRONMENTAL LAW: FEDERAL & PROVINCIAL ASSESSMENTS Quebec (Attorney General) v. Moses (Que. C.A., April 24, 2008) (32693) 2010 SCC 17 (LexUM) | May 14, 2010 In the context of the Cree and Inuit communities having signed the James Bay and Northern Québec Agreement with the governments of Quebec and Canada in 1975, the S.C.C. held that if the mine project here is approved pursuant to the Agreement, the proponent may not proceed with the work without an authorization under s. 35(2) of the Fisheries Act, and that the issuance of any such authorization is to comply with the Canadian Environmental Assessment Act in accordance with its procedures, as well as the Crown's duty to consult with the Cree in relation to matters that may adversely affect their rights under the Agreement. ASSAULT CAUSING BODILY HARM R. v. Szczerbaniwicz (Court Martial Appeal Court, May 5, 2009) (33189) 2010 SCC 15 (LexUM) | May 6, 2010 A subjective belief about what force is required is relevant, but the subjective belief must be based on reasonable grounds, that is, it must be based on grounds that are objectively reasonable in the circumstances. CRIMINAL LAW: VETROVEC WARNINGS R. v. Hurley (Sask. C.A., August 5, 2009) (33301) 2010 SCC 18 (LexUM) | May 14, 2010 The trial judge below did not point out to the jury that they should be cautious with regard to the evidence of a particular witness because of his possible motive to lie in order to get some advantage for himself in his own legal troubles or to collect a reward. While it is debatable that this omission was sufficiently serious in the context of this particular trial as to require appellate intervention, because of new forensic testing and DNA analysis, a new trial was necessary. FREEDOM OF THE PRESS: CONFIDENTIAL SOURCES R. v. National Post (Ont. C.A., February 29, 2008) (32601) 2010 SCC 16 (LexUM) | May 7, 2010 While the courts should strive to uphold the special position of the media and protect the media's secret sources where such protection is in the public interest, this case here is not the usual one of journalists seeking to avoid testifying about their secret sources. This is a physical evidence case. It involves what is reasonably believed to be a forged document. The media claim to immunity from production of the physical evidence is not justified in the circumstances of this case, even if the end result proves to be information that may lead to the identification of the secret source(s). LEAVES TO APPEAL GRANTED NONE Eugene Meehan, Q.C., is a Litigation Partner at Lang Michener, Ottawa. His primary area of work is with the Supreme Court of Canada, mainly assisting other lawyers in taking cases (both Leave to Appeal and Appeal). He also does Public Law generally. For previous summaries, and to keep up-to-date with all SCC appeals and leave to appeals, contact Eugene at emeehan@langmichener.ca. Eugene Meehan, QC, returns to Yellowknife in September for an exciting lecture. Watch the Obiter and weekly bulletins for details.
Page 1 and 2: ARCTIC OBITER MAY 2010 V OLUME XIV,
Page 3 and 4: MAY 2010 | 3 PRESIDENT’S MESSAGE
Page 5 and 6: MAY 2010 | 5 MEMBERSHIP and Malakoe
Page 7 and 8: MAY 2010 | 7 2. Before searching a
Page 9 and 10: MAY 2010 | 9 What the Dickens? By C
Page 11 and 12: MAY 2010 | 11 third reason is likel
Page 13 and 14: MAY 2010 | 13 the customer was will
Page 15: MAY 2010 | 15 month to $200 per mon
Page 19: MAY 2010 | 19 Dear CBA Members: It

ARCTIC OBITER

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?