Nunavut/Ontario Lawyer, Law Professor and Part Time Politico
James Morton is a lawyer in Nunavut and Ontario. Past President of the Ontario Bar Association, he has taught law school in Canada and the United States for nearly twenty years. James is a past Liberal candidate for Parliament.
The busiest judges in Ontario are the least appreciated. About 54 per cent of cases in Ontario -- around 300,000 in the last year for which figures are available -- are criminal cases heard by the On...
Could a site like Kijiji be found liable for the wrongful death of Tim Bosma? The question is not trivial as enormous numbers of people, previously unknown to each other, now meet online to trade goods, services or find a new boyfriend or girlfriend.
The obvious question is, if Mayor Ford is charged with possession of crack cocaine does he then lose his post? The short answer is "no." Absent imprisonment, there is really no way to remove a mayor who is charged with an offence.
Monday's announcement that the RCMP broke an apparent terrorist ring set to derail a VIA passenger train is good news. It shows that Canada's existing terrorism laws work. What the announcement does not show is the need for draconian new laws. Public Safety Minister Vic Toews says Canada needs tougher anti-terrorism laws -- laws which his government has put before Parliament. Canadians are being asked to give up liberty for a terrorist threat that seems to be in hand.
A dreadful murder in Toronto where the suspect was on bail has, once again, led to media outrage. Calls to restrict or even prohibit bail have been made. What is striking about the media outrage is how ill-informed the response seems to be about bail itself.
Another jail opened in Nunavut last week. It is long overdue -- the existing facility in Iqaluit, Baffin Correctional Centre is, as Justice Mahar of the Nunavut Court of Justice recently said, "notoriously over crowded and under resourced." And yet a rather bland factual news story about the opening of the new prison in Rankin was met with a flood of angry comments about over pampered prisoners, club fed hotels and similar complaints.
If the million or so aboriginal Canadians together realized their joint power, they could change Canada into a totally different society. And there are indications that a strategy is there. Idle No More need not be a confrontational force -- it can be the catalyst to bring about real justice and fairness for all the nations of Canada.
Alan Lenczner, Mayor Ford's defence attorney, is a damn good lawyer -- arguably the best litigator around. And he did a bang-up job in court on Monday during Rob Ford's appeal hearing in downtown Toronto. His argument is a legitimate one -- but his argument won't work. That's because it is a policy argument and not a legal argument. Appeal Courts, in general, are not there to reconsider facts -- just law. The appeal will fail.