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Judicial Independence: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses judicial independence. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Eliana Marengo, a judge in Quebec, heard a case involving a woman who came to court wearing a hijab and because of certain legislation enforced in Quebec at the time, the woman was not permitted to be heard by the judge. The judge ordered her...

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Delay in Criminal Trials: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the delay in criminal trials. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. After Mr. Polanco was charged with assault, he argued that the court should have exercised its discretion to just throw out the case entirely when it became clear on the record that there was no merit to the allegation against him. Mr. Polanco...

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Professional Secrecy: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses professional secrecy. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Jean-Francois Labrie argued that certain information that he was being compelled to provide in a case would eliminate his right to religious secrecy because he had told that information in confidence to his religious person. He argued that religious secrecy should apply and that his...

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Determining Constitutional Validity: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses who gets to call a law unconstitutional. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Jonathan Gaudet was charged with simple possession offences under the CDSA. Because of statutes in place at the time, Mr. Gaudet's case could only be heard in Provincial Court. Nevertheless, he filed an application in the PEI Supreme Court arguing...

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Defence Counsel Duty to Investigate: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the defence counsel's duty to investigate. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Michael Horswill had an appeal filed of his criminal conviction. In his appeal, he argued that his defence lawyer was not very effective in investigating circumstances relating to his case and sought to introduce fresh evidence about something the defence lawyer didn't...

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Automobile Insurance Knowledge Requirement: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses the knowledge requirement in regards to automobile insurance. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Ashley Cardinal was a passenger in a vehicle that was involved in a collision. Unbeknownst to Ms. Cardinal, the vehicle was taken without the consent of the owner. When she was injured in the collision, she filed an insurance...

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Mandatory Minimum Sentencing: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses mandatory minimum sentencing. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. James Forcillo was a police officer in Toronto. He was ultimately convicted of attempted murder after a trial for second-degree murder involving a case of a man who pulled a knife on a Toronto streetcar. The streetcar had emptied and there was a stand-off with police...

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Officers Acting in Good Faith: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses officers acting in good faith. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Andrea Molnar was convicted at trial of possessing marijuana for the purposes of trafficking. She appealed her conviction, arguing that the trial judge had not properly found a Charter breach in her case. While the Court of Appeal agreed that there was a...

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Sentencing: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses assisted dying Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Nedeljko Mikasinovic was convicted by a jury of assault causing bodily harm. He had originally been charged with aggravated assault and prior to that, had an original trial for two charges including aggravated assault. In his first trial, the jury couldn't reach a verdict on whether...

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Assisted Dying: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses assisted dying Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. Julia Lamb filed a lawsuit against the federal government on the basis of the new assisted dying laws that she argues contain the same constitutional defects that were originally found by the Supreme Court of Canada in the Carter case. In her case, she argued that...

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