Gibson said in a statement following his dismissal, “I had hoped to see it through to the end, but that won’t be possible now. I would just like to say thank you to the writers, producers, actors, our amazing crew, and most importantly, the best fans a show could ever hope to have.” … [Read more...] about ‘Criminal Minds’ Actor Lawyers Up After Firing
In just the past few months, the Law Commission has published impressive and practical proposals on the reforming law of misconduct in public office and simplifying sentencing procedure. Our own efforts, like the repeal of section 159, tend to be reactive and piecemeal rather than systematic. I hope that the coming marijuana legalization proposal will prompt a re-thinking of how (and whether) we criminalize the consumption of drugs, but so far the indications seem to be that it will be another niche effort. … [Read more...] about The Criminal Mind: Repealing law suits for modern times
The fact that the person sought is accused of a particularly notorious “honour killing” only adds to the general interest in the case. On a doctrinal level, it pits the general trend toward a hands-off comity-based approach to extradition against the increasing pressure on the judiciary (since at least the Omar Khadr saga) to be more vigilant about human rights abuses abroad. … [Read more...] about A Criminal Mind: What’s in store for the Supreme Court?
Writing for a unanimous court, LeBel held that the state couldn’t legitimately punish conduct that was morally involuntary. The principles of fundamental justice under s. 7 of the Charter of Rights and Freedoms forbid it. It followed that the statutory defence of duress was unconstitutionally narrow. And if the court believed Ruzic’s story, her conduct fit the bill of moral involuntariness and an acquittal should follow. Ruzic makes clear that the principle that criminal conduct must be voluntary in a meaningful moral sense and not just in a literal physical way is one of the deep organizing principles of our criminal law. … [Read more...] about A Criminal Mind: LeBel had major influence on criminal law
My colleague had tried to avoid this outcome at the very outset by applying for bail pending appeal. But a judge of the Court of Appeal denied the application on the grounds that the appeal appeared weak and unlikely to succeed. I don’t necessarily fault the judge for deeming an appeal to be weak that a panel of the court would later determine to be wholly meritorious. It’s difficult to predict at the beginning of any court process who’s likely to prevail once all the evidence and submissions are in. But when it comes to detaining people in custody based on prognostication about the future, the potential for a wrong guess that leads to an injustice is precisely the problem. … [Read more...] about A Criminal Mind: Time for a constructive look at bail controversies