Lenehan cleared

This was a) inevitable; b) legally correct; and, c) will not satisfy the mob. The Nova Scotia provincial court judge at the centre of the controversial sexual-assault trial involving taxi driver Bassam Al-Rawi has been vindicated. Judge Gregory Lenehan acquitted Al-Rawi of sexually assaulting an intoxicated female passenger in Halifax. [...] In his March 2017 decision … Continue reading Lenehan cleared

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A tattoo is not a legal document

According to a recent letter in the New England Journal of Medicine, doctors at Florida's University of Miami Hospital had to decide whether an unconscious patient's "Do Not Resuscitate" tattoo should be honored: His anterior chest had a tattoo that read “Do Not Resuscitate,” accompanied by his presumed signature.  Because he presented without identification or family, the social … Continue reading A tattoo is not a legal document

Greenspan’s last words

Just hours before he passed away on Christmas Eve, Edward Greenspan, arguably Canada's best-known criminal defence lawyer, submitted this critique of the Harper government's "tough-on-crime" rhetoric (co-written with Anthony Doob) to the National Post: “All convicted criminals belong behind bars.” We know of no person knowledgeable about criminal justice in any democratic society who has ever proposed … Continue reading Greenspan’s last words

A quick and easy solution to the Trinity Western Law School controversy

This has been a pretty awful week for Canada's newest would-be law school: Nova Scotia’s law society has voted to approve accreditation of Trinity Western University law school, but only if it drops the controversial policy prohibiting same-sex intimacy that some say is discriminatory. Ten members of the council of Nova Scotia Barrister's Society voted … Continue reading A quick and easy solution to the Trinity Western Law School controversy

Book Review: “New Law, New Rules” by George Beaton

[Originally posted, with a few editorial changes, at Canadian Lawyer] New Law, New Rules, by its very nature, shows how much the practice of law has changed. It is dubbed “a conversation about the future of the legal services industry,” and while Australian consultant George Beaton is billed as the author, it’s really a collaboration … Continue reading Book Review: “New Law, New Rules” by George Beaton

Book review: A Cruel Arithmetic: Inside the Case Against Polygamy by Craig Jones

[Originally posted at Canadian Lawyer] When s. 293 of the Criminal Code of Canada was referred to the British Columbia Supreme Court, I wrote that I believed the law was clearly unconstitutional in its current form: If this case was about legal recognition of polygamy — with massive implications for family law and even immigration policy — it … Continue reading Book review: A Cruel Arithmetic: Inside the Case Against Polygamy by Craig Jones