Criminal

Judges generally cannot impose fines in lieu of forfeiture to recoup legal fees: SCC

Judges generally cannot impose fines in lieu of forfeiture to recoup legal fees: SCC

Where an accused has permission to use proceeds of crime to pay for defence, a fine cannot be imposed in lieu of forfeiture at sentencing

B.C. Court of Appeal grants judicial review of Indigenous man’s extradition to U.S

B.C. Court of Appeal grants judicial review of Indigenous man’s extradition to U.S

Court said accused raised “novel constitutional arguments”

B.C. raising hourly rate for legal aid lawyers

B.C. raising hourly rate for legal aid lawyers

The CBA B.C. branch says legal aid funding should be an election issue

Convicted person has right to lesser of two punishments existing at time of commission or sentencing

Convicted person has right to lesser of two punishments existing at time of commission or sentencing

Majority of court finds that s. 11(1) of Charter confers binary, not global right

Pardons for pot possession

Pardons for pot possession

When the federal government introduced legislation in March to streamline pardons for simple cannabis possession, Canada’s criminal bar had two reactions.

Appeal court affirms Crown immunity from police negligence claims

Appeal court affirms Crown immunity from police negligence claims

The Court of Appeal of Ontario upheld a decision to reject a negligence-based claim against Crown lawyers.