On November 25, 2009 Bill C-36, An act to amend the Criminal Code, otherwise known as Serious Time for the Most Serious Crime Act passed 3rd reading in the House of Commons by a vote of 187 to 69.

The bill amends provisions in the Criminal Code regarding the right of persons convicted of murder or high treason to apply for early parole through the elimination of the “faint hope” clause. Using the new ability to link to a section of the Criminal Code, here is the current legislation.

One definition of hope is “to desire with . . . [more]

Of the many challenges facing trial judges, one of the greatest is conducting proceedings with a self-represented accused. Invariably the self-represented accused comes to court with only a rudimentary knowledge of the trial process, often influenced by misleading depictions from television shows and the movies. He or she is unfamiliar with the substantive law, is confused by procedural requirements, and has difficulty grasping concepts such as relevance.

The burgeoning number of self-represented accused in the criminal courts may be explained by cut-backs to legal aid funding across the country, the cost of legal services, mental health problems that make it . . . [more]

At lunch, I attended a round table organized by the National Capital Association of Law Libraries that took place at the University of Ottawa.

One of the more interesting announcements concerned the ongoing digitization of older publications relating to the activities of the Parliament of Canada.

According to the person from Library and Archives Canada who was present, the following material is now digitized:

• Journals of the House of Commons and Senate for 1901-1954
• Committee proceedings and evidence for 1901-1934
• Public Accounts and Estimates for 1867-1993

The material is available on the site of the Internet Archive.

Debates for . . . [more]

So try this: create a link to section 650 of a freely available online version of the Criminal Code. Basic law, basic task in this digital age, right?

Unless I’ve missed something obvious, which is the best sort of thing to miss, it ain’t so easy nowadays. There are two online sources of the Code: CanLII’s and the Department of Justice’s, which are actually just one version because CanLII publishes what the DOJ provides.

But let’s start with the CanLII version. There’s the whole statute with no table of contents. And that’s it. A search within for “650,” . . . [more]

Many lawyers assume that the Court process is unable or unwilling to take advantage of available electronic technology. Sometimes they are correct.

The problem is often one of communication. In many Ontario centres the lawyers are unaware until the last moment of who will be presiding over their case; and most often judges are unaware of the cases they will be asigned until the day before the hearing or trial. Many judges (myself included) will ask during a pre-trial or management session just what preparation has been made by the parties to reduce the use of paper. Too often that . . . [more]

At issue in the GasTOPS trial was the development and sale of a software program for the computerized maintain of jet engines and aircraft. The benefits of a Computerized Maintenance Management System are that it reduces maintenance mistakes while at the same time reducing labour costs.

When I fly on an airplane or ride on a train I am encouraged to buy my ticket online. I recently was at my family doctors office and instead of a thick file of handwritten notes covering 35 years of attendances, test results and prescriptions, she brought up my file on a monitor in . . . [more]

♫ And gazing down from yonder,
On a world of blue and green,
He’ll say with eyes of wonder,
I have seen, i have seen,
My eyes have seen…♫

Lyrics, music and recorded by Chris de Burgh.

A lawyer friend of mine told me about his recent use of his new Sony Reader in Court. No, this wasn’t to read books while waiting to speak in Chambers! He is using it in direct and cross-examination in court and I thought it would be of interest to the readers on Slaw. So with no further ado, here it is in . . . [more]

I am taking advantage of the judicial posts to invite, on behalf of the Law Commission of Ontario, project proposals dealing with technology and the law.

Both Justices Turnball’s and Granger’s posts illustrate the advantages of using advanced technology in the courtroom. I am aware about how effectively technology has been used for all judges in the Court of Appeal in Calgary, as another example. I note John Gregory’s comment about the need for a more integrated electronic system as part of my inquiry.

I raise the following questions purely for consideration and by no means to suggest they exhaust . . . [more]

Wired magazine is reporting what is probably the first instance of functional magnetic resonance imaging (fMRI) used in a courtroom. The brain scan of a Chicago man accused of raping and killing a 10-year-old girl was used to demonstrate that he was a psychopath and should not be given the death penalty.

Although we don’t have the death penalty in Canada, some would also argue relevance because we barely have MRIs here as well. As Forbes Magazine was fond of stating last year,

Pittsburgh has more MRI machines than Canada.

The Canadian Institute for Health Information (CIHI) points out that . . . [more]

I have been a judge of the Superior Court of Justice for 4 1/2 years. In that capacity, I am asked to preside over a wide variety of cases and hearings which include criminal jury trials, criminal non jury cases, family law trials and motions, civil motions and trials, and a number of other issues.

From the outset, I decided to use my computer in all judicial proceedings where I was presiding for a number of reasons. First, I am left handed and do not write quickly. When I was a lawyer, note taking was always problematic for me because . . . [more]

Everybody wants their 15 minutes of fame, and this week there was plenty of recognition to go around — both in the biotech community and in the legal community.

The FDA, famous for restrictive rules on communications, is having a hard time adjusting to current internet trends, leading to some controversial decisions about Google search ads. Trying to do better, FDA held a two-day hearing about the use of the internet and social media for online drug marketing so it can calibrate its decisions for a new era. Rule-making will follow at the old era pace, though.

Simon Fodden . . . [more]

The prospect of Tesco or the Co-op owning a law firm or offering legal services had leader writers in the English legal press in a tizzy, but the Legal Services Board today produced a complex consultation document on Alternative Business Structures which sets out eligibility tests for significant equity investments in firms providing legal services. . . . [more]