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Criminal justice

Criminal justice Quebec Court of Appeal Rulings

Quebec Court of Appeal comes down harder on pedophile

On December 2014 Cenan Rayo, a thirty-something Columbian native and the father of a ten-month old infant, sent an invitation on Facebook to a 12-year old girl to become his “friend.” Rayo, while not a family friend, knew the mother because they were part of a small Columbian community, and ran across each other in different places, including the local church.…

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Court of Quebec Criminal Code of Canada Criminal justice Quebec Rulings

Employer found guilty of manslaughter following fatal work accident

A general contractor has been found guilty of manslaughter after one of his employees was killed by being buried in a trench, marking the first time in Quebec that a breach of provincial occupational health and safety legislation served as the basis for a manslaughter conviction under the Criminal Code.

Why it matters: It is extremely rare for employers to be charged with criminal negligence and manslaughter.

What's next: The contractor is scheduled to be sentenced in May. “I’m eagerly looking forward to the sentence – that’s where we will see what kind of message the courts will send,” said a health and safety lawyer. “If he ends up in prison, that to me will have much more of an impact than a guilty plea.”…

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Criminal justice Quebec Quebec Court of Appeal Rulings

Quebec Court of Appeal provides comprehensive guidance over Jordan in two rulings

A Montreal man who was charged with killing his wife but whose case was the first Quebec murder case to be stayed following the landmark Jordan ruling will not face a new trial, the Quebec Court of Appeal ruled after issuing a concurrent and “very important” decision that clarifies and provides practical guidance on the application of the landmark Jordan decision.

Why it matters: The legal community is still grappling with the landmark Jordan ruling, and this is yet another effort to spell out clearer guidelines. Or as a criminal lawyer put it: “Jordan is going to be a continuous process, of refining and interpreting." …

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Charter of Rights and Freedoms Criminal Code of Canada Criminal justice Public law

Red zones violate rights of marginalized people, study says

“Red zones ” or “no-go” orders, conditions of release imposed by police or the courts in bail or probation orders that prohibit an individual from entering or being found within a specific place or area, have become increasingly pervasive but are costly, ineffective and violate people’s rights, concludes a new study.

Why it matters: “Legal actors are pursuing legitimate objectives such as preventing crime and trying to promote social reintegration of offenders in the case of probation orders,” said Marie-Eve Sylvestre, the report's lead researcher and a law professor at the University of Ottawa. “But they are unaware of how inefficient the system is and how little it achieves its objectives in terms of preventing crime.”…

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Criminal justice Quebec Quebec Court of Appeal Spotlight Supreme Court of Canada

Quebec appeal court to hear appeals in two Jordan cases

Nearly a year to the day when the Supreme Court of Canada issued its landmark Jordan ruling, the Quebec Court of Appeal announced that a five-judge panel will hear an appeal late this summer of a decision to stay a murder charge against a Sri Lankan refugee even though the accused has been deported back to his homeland.…

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Criminal justice Quebec

Delays in criminal trials cut by nearly half in Quebec

A 20-year old man from Western Quebec who was accused of assault causing bodily harm while he was a teenager is the latest to have benefitted from a stay of proceedings due to unreasonable delays.

More recently still, a week after Khalid Gakmakge was refused a stay for a 2011 murder he is accused of committing, a Sri Lankan man charged with killing his wife in Quebec five years ago has been deported after the charge against him was stayed because his constitutional right to a timely trial was delayed.

Ever since the Supreme Court of Canada’s landmark R. v. Jordan decision a year ago, approximately 1,766 motions to stay because of unreasonable delays have been filed across the country, with 204 having been granted and 333 dismissed, according to figures obtained by Canadian Press. The remainder are either before the courts, forsaken by defence, or resolved on other grounds.

While the figures may appear to be disturbing, a Dalhousie University law professor who conducted a review of stay applications in the six months following the Jordan, found that there has only been a slight increase in the number of applications filed, most of whom have taken place in Ontario.…

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Criminal justice Quebec

Quebec yet again calls on Ottawa to appoint more judges

Days after the new president of the Quebec legal society said that the landmark Jordan ruling could “do us good if we could solve the problem,” Quebec Justice Minister Stephanie Vallée called on the federal government yet again to quickly appoint 10 new Superior Court justices in the province.

Despite significant investments over the past six months by the Quebec government to curb delays in the criminal justice system, Quebec is still struggling as the number of Jordan-related requests for a stay of proceedings keeps on surging. The Quebec Director of criminal and penal prosecutions (DPCP) revealed that there were 684 Jordan applications as of March 23, 2017, a figure that has grown to 895 as of late May.…

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Criminal justice Quebec

Quebec Crown requested 134 stays following Jordan ruling

At least 134 accused were released at the request of the Crown from July 2016 to April 24, 2017 following the Jordan ruling, revealed Annick Murphy, the head of the Director of criminal and penal prosecutions (DPCP), during testimony at a parliamentary commission before the Quebec National Assembly.

Of the 134 accused, 75 so-called nolle prosequi – or formal notice of abandonment by the prosecutor of all or part of the action – were entered after defence filed a Jordan motion. The remaining 59 were filed “voluntarily” by the DPCP, said Murphy.…

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Criminal justice Quebec Quebec Superior Court

Crown blamed after judge stays murder case

The last time it happened a superior court judge apologized.

“I am very sorry that the system has let you down,” said Ontario Superior Court Justice Julianne Parfett last November to the mother of the deceased after she threw out a first-degree murder case against former Canadian Forces soldier Adam Picard because of excessive delays.

It happened again. This time in Quebec.…

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Criminal justice Quebec Supreme Court of Canada

Jordan applications keep on rising

The numbers seem to be growing by the day. Ever since the Supreme Court of Canada issued its landmark Jordan ruling on July 2016, the pressure on the justice system seems to be growing. Not a day seems to go by without some horror story about some criminal being let off because of the new deadlines set by the nation's highest court.

The Quebec criminal justice is struggling to comply with the new rules, implicitly acknowledged the Quebec Minister of Justice Stéphanie Vallée when she announced the new investments last December.

Now there are hard figures to back up those concerns.…

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