Justin Ling

Justice pénale

Par tâtonnements: La réforme de la justice pénale

Par Justin Ling mai 24, 2018 24 mai 2018

Par tâtonnements: La réforme de la justice pénale

À la fin du mois de mars, le gouvernement Trudeau a déposé un nouveau projet de loi qui souhaite moderniser le système de justice criminelle, réduire les délais dans les tribunaux, réduire la surpopulation de détenus autochtones dans les prisons canadiennes, nettoyer le Code criminel et s’assurer d’une représentation plus large des personnes marginalisées dans le processus judiciaire.

Le projet de loi C-75, ont-ils promis, transformera le système de justice criminelle pour le rendre plus efficace, plus juste et plus accessible.

C’était un langage ambitieux, qui est venu au terme de plus d’un an de consultations et de conversations entre le ministère de la Justice et les juristes à travers le pays.

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Competition law

Hipster antitrust: Not so cool

Par Justin Ling mai 11, 2018 11 mai 2018

Hipster antitrust: Not so cool

There are many things antitrust law shouldn’t do: Like fixing everything from bad labour practices, low wages, media centralization, and everything in between. At least that was the consensus among a panel of legal experts discussing the growing influence of the hipster antitrust movement at the CBA’s Competition Law Spring Conference in Toronto on Thursday.

The question put to them for debate, at a time when there is a growing backlash against tech giants in particular, was whether public interest or other consumer-focused considerations have a place in antitrust enforcement.

Joshua Wright, a George Mason University Professor and Executive Director of the Global Antitrust Institute, located near D.C., has been pushing back against the rising tide of populism that is trying, in his view, to twist antitrust law into a sort of progressive swiss army knife. “Most of the ideas have a bit of a retro, blast-from-the-past feel,” he said.

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Mental health: A factor in sentencing?

Par Justin Ling avril 27, 2018 27 avril 2018

Mental health: A factor in sentencing?

A new bill, if passed, will require the courts to take into account offender’s mental health status before sentencing.

Bill C-375 comes before the House of Commons justice committee today for the first time, as MPs seem set to push ahead on the bill.

At present, pre-sentencing reports only include the offender's "age, maturity, character, behaviour, attitude and willingness to make amends," as required in the Criminal Code, as well as a report on the offender's previous criminal and rehabilitative history.

What’s the issue? According to the federal prisons watchdog, more than one-in-ten federal inmates reported mental health issues — although there is some data to indicate that number may be significantly higher.

The watchdog has for years recommended new measures to divert offenders with mental health issues away from prisons, and into treatment, given that Correctional Services Canada does not have the capacity or speciality to handle the complex mental health needs of these inmates.

What does C-375 do? The bill is relatively straightforward. It requires that the report include details of “any mental disorder from which the offender suffers as well as any mental health care programs available to them.”

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Criminal justice

Challenge to victim surcharge heads to Supreme Court

Par Justin Ling avril 13, 2018 13 avril 2018

Challenge to victim surcharge heads to Supreme Court <p> Could this be the last act of the mandatory victim surcharge?</p> <p> The Supreme Court is <a href="https://www.scc-csc.ca/case-dossier/info/sum-som-eng.aspx?cas=37427">hearing arguments next week</a> on whether the automatic restitution constitutes cruel and unusual punishment, under Section 12 of the <em>Charter.</em></p> <p> The hearing will finally bring to a head many of the problems and deficiencies that have been attributed to the mandatory surcharge.</p> <p> Even though the current government has been critical of the way the mandatory victim surcharge was set up under its predecessor, its submissions to the court were short and pointed.</p> <p> &ldquo;The victim surcharge does not constitute an indefinite sentence,&rdquo; the Crown&rsquo;s submission reads. They note that the <em>Criminal Code </em>lays out the amount that must be paid, the deadline it must be paid by, and how it can be paid. The fact that the surcharge can be paid through work or incarceration &ldquo;doesn&rsquo;t alter its nature,&rdquo; the factum reads.</p>

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Criminal justice

Reforms to Canada's criminal justice system proposed

Par Justin Ling mars 29, 2018 29 mars 2018

Reforms to Canada's criminal justice system proposed

Justice Minister Jody Wilson-Raybould has introduced new measures to streamline the criminal justice system and to finally follow through on pledges to clean up the Criminal Code and reduce court delays. Reactions, however, have already been mixed.

The centrepiece of the new legislation, Bill C-75, which is sure to spark a significant amount of debate among defence lawyers in Canada, is a set of a new rules on when preliminary inquiries can be used.

The changes would make it so that only an accused facing a crime which could carry a penalty of life in prison would have access to a preliminary inquiry. Even then, under the new rules, the inquiry judge would have the power to limit issues and witnesses introduced.

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