Courts, Corrections, Incarceration

Anything related to the court system, sentencing of offenders, or incarceration issues

Faster wrongful conviction reviews

Draft legislation introduced in the House of Commons today as Bill C-40 would make it easier and faster for people who may have been wrongfully convicted to have their cases reviewed by an independent commission. “We need a system that moves more quickly, both for people applying as well as for victims and the process needs to be independent,” said Justice Minister David Lametti. Reviews currently take years to complete. [node:read-more:link]

Killer’s parole eligibility to be shortened

Prosecutors have acknowledged that a New Brunswick man who murdered three RCMP officers in 2014 can apply for parole after serving 25 years, not the 75 years imposed by the trial judge. Justin Bourque’s lawyer applied in December to the New Brunswick Court of Appeal to have the precedent-setting sentence reduced after the Supreme Court of Canada struck down the law enabling judges to extend parole ineligibility for people convicted of multiple murders. [node:read-more:link]

Iranian expats face U.S. charges

Three Iranian expatriates in Toronto who describe themselves as real estate professionals face what they say are baseless felony charges in the U.S. for allegedly conspiring to circumvent sanctions against Iran. Prime Minister Justin Trudeau said today that his his government is working “very closely with American partners” and the Iranian diaspora, some of whom say the government is doing too little to ensure Canada isn’t a haven for the Iranian regime’s allies. [node:read-more:link]

Russian convicted in U.S. scam

Vladislav Klyushin, the millionaire-owner of a Moscow-based IT company, was convicted in a Massachusett court February 14 of participating in an insider trading scheme using stolen financial information from companies such as Microsoft. Klyushin was arrested in 2021 in Switzerland but four alleged co-conspirators, including a military intelligence officer, remain at large. [node:read-more:link]

RCMP facing Charter suit

Amber Bracken, an Edmonton freelance photographer arrested in B.C. while covering protests against a pipeline project for a national on-line environmental publication in 2021, is suing the RCMP for wrongful detention and violation of her Charter rights. Her Victoria-based client, The Narwal, has joined the lawsuit. [node:read-more:link]

Turkish arrests after earthquakes

The Turkish government has ordered the arrest of more than 100 persons as it investigates the role of sloppy construction of thousands of buildings toppled or heavily damaged in the recent earthquakes. The death toll there and in neighbouring Syria topped 41,000 today as recovery efforts continue. [node:read-more:link]

No trial change for convoy organizer

James Bauder of Calgary, one of the leaders of last winter’s disruptive convoy protest in Ottawa, has lost his bid to have his criminal trial moved out of the city. He argued unsuccessfully in Ontario Superior Court that he wouldn’t get a “fair trial in Ottawa because I participated in a very high-profile, highly politicized, lawful protest directed at the federal government in Ottawa.” [node:read-more:link]

Repatriation ruling challenged

The federal government is appealing a Federal Court order to repatriate four Canadians held by Kurdish authorities in northeastern Syria since at least 2019. One was a dual British-Canadian citizen whose British citizenship was revoked on grounds that he had joined ISIS. The Crown presented no evidence of terrorist activities in the earlier trial but says in its appeal that Justice Henry Brown misinterpreted the Charter’s protection of Canadians’ right to freedom of movement. [node:read-more:link]

Sex offender out again after breaching supervision

Convicted after abducting and confining a 3-year-old boy in Sparwood 12 years ago, the sex offender is free again, despite violating his parole board supervision conditions. In November 2022, Randal Hopley had been seen sitting near children attending story time in a local library, however, the judge has now ruled she did not believe he currently poses a risk to the public. [node:read-more:link]

Sex offender out after breaching supervision

Convicted after abducting and confining a 3-year-old boy in Sparwood 12 years ago, the sex offender is free again, despite violating his parole board supervision conditions. In November 2022, Randal Hopley had been seen sitting near children attending story time in a local library, however, the judge has now ruled she did not believe he currently poses a risk to the public. [node:read-more:link]

Ottawa open to some bail reform

The federal government is considering legislative changes to deal with repeat violent offenders but Justice Minister David Lametti said February 2 that there are no easy solutions. He hopes to meet with his provincial and territorial counterparts after all premiers asked Prime Minister Justin Trudeau to make bail less accessible in cases involving possession of loaded, prohibited or restricted firearms [node:read-more:link]

No EI for vaccine refuser

Federal Court of Canada has ruled that a Toronto-area Ontario man is not entitled to employment insurance benefits after he was fired from his healthcare job for refusing to be vaccinated against Covid-19. Anthony Cecchetto was placed on unpaid leave in September 2021 and then dismissed. His EI application was denied in October 2021 because he had lost his job due to “misconduct.” [node:read-more:link]

RCMP officers charged in B.C.

Two RCMP officers in Prince George, B.C., are charged with manslaughter in the 2017 death of an indigenous man in their custody, prosecutors announced February 1. Three others are charged with attempting to obstruct justice. Four of the officers remain on active duty while the other is on administrative leave for unrelated reasons. [node:read-more:link]

China Bank faces lawsuit

A B.C. woman defrauded of $69,000 in 2018 has won the right to sue the Canadian branch of the Bank of China after she appealed the ruling denying her claim. She had received a call from someone claiming to be with the Chinese consulate in Vancouver, saying she was being prosecuted for money laundering and that she could settle the issue by transferring funds, which she did with the help of a Bank of China teller. Her complaint that the bank was aware of fraudulent activities was eventually upheld January 30 by a Court of Appeal tribunal which ordered a retrial. [node:read-more:link]

Ontario company fined over assault

A construction company’s former employee has been awarded a total of $295,158 in damages by the Ontario Superior Court against the company and a supervisor who assaulted him. In awarding damages (Docket No. CV-20-0000361), Justice Joseph Di Luca said the claimant had been subjected to some of the worst treatment he had ever encountered, notably an assault requiring surgery. [node:read-more:link]

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