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Brothers Exonerated for Rape and Murder
A federal jury has awarded $75 million to two brothers in North Carolina, decades after they were convicted of rape and murder they did not commit. Leon Brown and Henry McCollum federal were arrested in 1983 and spent nearly 31 years in prison before the half-brothers were exonerated in 2014.
Charges Dropped in Mansion Casino Bust
York police first unveiled the details of their investigation back in September at a news conference in Markham, Ont., in front of the gates of the 20,000-sq.-ft. estate.
Supreme Court Restores Convictions for Via Rail Terrorists
Jury selection errors can be remedied if certain requirements are met, the Supreme Court of Canada has found in restoring the convictions of two accused in a plot to attack a Via Rail train. The Crown’s appeal in R. v. Esseghaier was allowed on October 7, and reasons for judgment were delivered on Friday.
Addict Sues Drug Dealer for Pain and Addiciton
A recovering drug addict in New York is suing a Quebec drug dealer, nicknamed the King of Pot, for flooding the United States with over a billion dollars worth of marijuana, claiming it was his drugs that made her an addict.
W(D) Analysis in Sexual Assaults Still Proper Authority for Credibility Assessments
Across Canada, there have been many decisions walking back or re-imagining the Supreme Court’s seminal test for credibility assessment in R v W(D). Specifically, since the Ontario Court of Appeal’s decision in JJRD, there has been much movement away from following the three-step process for assessing testimony in W(D).
Information from Confidential Informant Provided Reasonable Grounds for Warrant
Police obtained a search warrant under the Controlled Drug and Substances Act for the accused’s residence based on an Information to Obtain that relied on information from a Confidential Informant.
Mandatory Minimum Punishment for Child Pornography Ruled Cruel and Unusual
Cory Wilson recently had the mandatory minimum punishment of one-year imprisonment ruled grossly disproportionate for his very low-functioning client charged with child pornography offences. This successful result required the use of a highly-specialized expert called by defence to testify in trial as to the client’s cognitive functioning.
New Impaired Driving / DUI Laws in Alberta
On December 1, 2020, the Alberta Provincial Government took a radical step by de-criminalizing impaired driving /DUIs in Alberta for first-time offenders. As a result, those caught drunk behind the wheel will not be criminally charged regardless of how intoxicated they are.
Released After 31 Years for Non-Violent Marijuana Conviction
Richard DeLisi has been incarcerated since 1989 when, at the age of 40, he was convicted on charges of racketeering, trafficking in cannabis and conspiracy after agreeing to help smuggle more than 100 pounds of marijuana from Colombia into Florida. He received a 90-year prison sentence.
Quebec Mosque Killer
The Quebec Court of Appeal ruled on a pressing legal question plaguing the country – are multiple life sentences for killers who take more than one life, constitutional? In Canada, we don’t sentence offenders like is often seen in the United States. A review of American jurisprudence often shows offenders being sentenced to 200 or 300 years in jail. In Canada, a life sentence means the offender can apply for parole after 25 years on a first-degree murder charge.