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#trialfairness
The recent acquittal of a Newfoundland man accused of sexual assault is a stellar example of trial fairness rather than a “bold” legal decision, Toronto criminal lawyer Laurelly Dale tells AdvocateDaily.com. The judge in the case used his ruling to mount a defence of the court’s handling of sexual assault cases more generally, explaining how it was possible to find an accused...
A Nunavut decision shows mandatory sentences for gun crimes inappropriately constrain judges when dealing with Aboriginal offenders, Toronto criminal and civil litigator Laurelly Dale tells AdvocateDaily.com. The fact pattern of the case rings a number of bells for Dale, who frequently acts for youthful Aboriginals charged with gun-related offences involving weapons normally used for hunting.  The judge in the...
In recent testimony before a House of Commons Justice Committee, Toronto criminal lawyer Laurelly Dale said the elimination of preliminary hearings, as proposed by the federal government’s Bill C-75, would obstruct the administration of justice. Dale noted, in the first of her four main points, “The removal of preliminary inquiries will not save time. This will have the reverse...