Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week's summaries concern:
Public interest evidentiary privilege / Criminal law restitution:
Slansky v. Canada (Attorney General) et al. 2013 FCA 199
Evidence - Witnesses – Privilege – General – Public interest privilege
Following a murder trial, counsel for the defence (Slansky) filed a complaint about the trial judge with the Canadian Judicial Council (CJC). The CJC hired outside counsel (Friedland) to conduct inquiries and prepare a report respecting the complaint. The CJC, relying on the Friedland report, determined that the complaint did not warrant further consideration as it did not establish judicial misconduct. Slansky applied for judicial review and sought extensive production . . .
R. v. Nanos (D.A.) 2013 BCCA 339
Criminal Law - Punishments (sentence) – Restitution
The accused was evicted from his apartment for non-payment of rent. He deliberately set fire to the curtains in the apartment. He was drunk and angry. He left the apartment immediately thereafter. The other occupants of the six unit building were evacuated without injury. The suite was gutted by the fire, costing $131,494.25 to repair. The entire amount, except for a $1,000 deductible, was covered by insurance. The accused was sentenced to two years, . . .