Criminal law
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Quebec discreetly issues directive that favours non-judicial treatment of simple drug possession
Quebec criminal lawyers have welcomed a discreet directive issued without fanfare by the provincial Minister of Justice calling on Quebec’s Crown prosecutors to weigh public interest and the risk to public safety before prosecuting people suspected of simple drug possession for personal consumption. Continue reading
Tags: drugs -
Quebec looking at electronic surveillance of offenders serving conditional sentences
Nearly two years after the Quebec became the first jurisdiction in the country to introduce an electronic tracking system to thwart intimate partner violence, the provincial government is now considering the possibility of remotely following offenders serving sentences in the community. Continue reading
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Alleged Darknet Xanax Kingpin faces extradition
The “Darknet Xanax Kingpin,” ostensibly a Quebecer who allegedly sold over 15 million counterfeit Xanax tablets that were mainly exported to the United States, failed to thwart extradition proceedings against him after Quebec Superior Court dismissed his constitutional arguments. Continue reading
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Court’s approval of remediation agreement yields guidance but raises questions
A remediation agreement sanctioned by Quebec Superior Court, the second in Canada, sheds new guidance and fleshes out principles applicable to the unique regime but also raises concerns over the opaqueness of the process and the relatively hands-off approach by the court. Continue reading
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Impact of lengthy imprisonment on offender family’s is a mitigating factor
Impact of lengthy imprisonment on offender family’s is a mitigating factor, deems the Quebec Appeal Court Continue reading
Tags: sentencing -
Giving the middle finger is a fundamental right, says judge
In the specific circumstances of this case, the Court is inclined to actually take the file and throw it out the window. Continue reading
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Man not criminally responsible because of sexsomnia
A 46-year old Montrealer accused of sexually assaulting a friend was found not criminally responsible for his actions after Court of Quebec Judge André Perreault found that he suffered from the rare disorder of sexsomnia. Continue reading
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Quebec Appeal Court increases sentence for sexually assaulting a child
A 21-year old school janitor who sexually assaulted a 13-year old child had his sentence increased to 15 months imprisonment from 90 days by a divided Quebec Court of Appeal after the majority held that the trial judge failed to prioritize denunciation and deterrence as overriding factors. Continue reading
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Man acquitted of sexual assault because professional secrecy was breached
A man convicted of sexually assaulting a four-year-old child was acquitted by the Quebec Court of Appeal after it held that a confession he made during therapy should have been protected by professional secrecy. Continue reading
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New trial ordered by Quebec Appeal Court for man convicted of sexual interference on a child
A new trial for a man convicted of sexual interference on a child was ordered by the Quebec Court of Appeal after it held that the trial judge’s refusal to allow the re-opening of the complainant’s cross-examination infringed his right to make full answer and defence. Continue reading
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Legal experts hope first remediation agreement under Criminal Code will lead to more
Legal experts hope that guidance provided by Quebec Superior Court in Canada’s first ever remediation agreement will prompt federal prosecutors and organizations to take advantage of the new way of settling criminal charges. Continue reading