Summaries Sunday: Maritime Law Book
Summaries of selected recent cases are provided each week to Slaw byMaritime 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:
Courts / Criminal Law / Indians, Inuit and Metis / Customs / Young offenders:
Courts – Criminal Law – Indians, Inuit and Metis – Practice
The plaintiff held a provincial permit to conduct logging operations on Aboriginal (Fort Nelson First Nation) land. That land included Behn family territory. The plaintiff sued the Behns and other members of the Fort Nelson First Nation for damages for allegedly blockading access to the logging lands. The Behns filed a statement of defence challenging the validity of the plaintiff’s permit on the basis that the instruments the plaintiff said gave it logging and …
Courts – Criminal Law – Judges – Disqualification
Ying Huang was tried as a co-conspirator, together with John Huang. The charges against John arose in connection with his role as a real estate agent for the purchasers of properties that were used for marijuana grow operations. The Crown maintained that John had represented Ying on the purchase of one of the properties. Like John, Ying was convicted of conspiracy to produce marijuana, production of marijuana and possession of marijuana for the purposes of trafficking. She was …
Courts – Criminal Law – Customs – Offences and penalties
Docherty failed to report CDN $335 and US $9,880 to an agent of the Canada Border Services Agency (CBSA). When CBSA applied what it considered to be the appropriate exchange rate, the US funds were worth $9,901.74 CDN, putting Docherty over the $10,000 threshold. The funds were ultimately seized as suspected proceeds of crime. Docherty requested a ministerial review. The Minister’s delegate determined that there had been a contravention of the Proceeds of Crime (Money Laundering) …
Criminal Law – Young offenders – Decisions – Murder
The accused, a young person, pled guilty to first degree murder for killing his abusive father following an argument. He received the maximum sentence of 10 years (less some of the time that he spent in pre-sentence custody) and was subject to an intensive rehabilitative custody and supervision order under the Youth Criminal Justice Act. The accused appealed the sentence.
The Manitoba Court of Appeal dismissed the appeal.
Editor’s Note: Certain names in the …
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