The Canadian Broadcasting Corporation (CBC) recently published an alarming headline: “B.C. murder cases in jeopardy as accused killer walks free, police slammed for ignoring law.” The article was referring to an alleged road rage incident that left one man dead and his wife seriously injured from gunshot wounds. To read more, click here.
Acquittal in death justified when the Crown violates the Charter Read More »
By Paul Russell, LegalMatters Staff • As the extradition hearing against Huawei executive Meng Wanzhou drags on, B.C. criminal lawyer Gary Botting knows all too well what she is facing. “The extradition process is a stacked deck. I’ve been saying that for more than three decades, but getting nowhere,” says Botting, principal of Gary N.A.
Extradition a ‘stacked deck’ resulting in anguish, even suicide Read More »
“Wrongful convictions occur in every country in the world. Canada, despite its claim to be a just society, is no exception” – Former Chief Justice of the Supreme Court of Canada Beverley McLachlin. So reads the foreward in the inaugural issue of The Wrongful Conviction Law Review (WCLR), edited by Algoma University’s Myles McLellan. To
Wrongful convictions, right to silence explored by new law journal Read More »
Huawei executive Meng Wanzhou appeared in court this week to try to vary her bail conditions. In my opinion, they should be varied. In fact, one of the main conditions – the forced wearing of an ankle bracelet in public – is nothing short of a national disgrace. To date, Meng has not been convicted
Meng’s ankle bracelet represents a modern-day ‘Scarlet Letter’ Read More »
The B.C. Court of Appeal recently overturned the dangerous offender designation of Jatin (Jay) Patel and ordered a new hearing. The majority agreed with my argument that in determining risk of repeat sexual offending, the trial judge had improperly relied upon my client’s earlier conviction for manslaughter. To read more, click here.
B.C. appeal court the first to give my client a second chance Read More »
In appearing to entertain a proposal for her to return to China in exchange for an admission of wrongdoing, the United States could well be setting a trap for Huawei executive Meng Wanzhou. I’ve been the lawyer on several cases where I was instructed by clients to make a deal with the U.S. prosecutor. American
Is the United States setting a trap for Huawei’s Meng Wanzhou? Read More »
By Paul Russell, LegalMatters Staff • Reports that the U.S. Justice Department has reached out to Meng Wanzhou’s lawyers about a deal to allow the Chinese telecom executive to return to China illustrate how badly the Canadian government has bungled this file, says B.C. criminal lawyer Gary Botting. “Her arrest two years ago at the
Deal or no deal, Canada should let Meng Wanzhou go Read More »
A Reuters story recently reported links in Brazil between Huawei and Skycom that the news agency suggests could support the U.S. case against Huawei, although it is unclear how the revelations could implicate Huawei CFO Meng Wanzhou or impact her ongoing extradition case. The agency says corporate records filed in Brazil show that Huawei and
Canada must stop the schoolyard bullying and release Meng Read More »
The British Columbia Court of Appeal recently ordered a new trial for one of my appellant clients convicted of sexual assault, in an important appeal which chips away at R. v. W.D. – the standard “credibility assessment” case which sets rigid rules for determining credibility in a she-said/he-said confrontation. Sexual assault is always a serious
When rape is alleged, our courts should not rush to judgment Read More »
Much has been made of the open letter to Prime Minister Justin Trudeau from the “Notable 19” suggesting what amounts to a prisoner swap: Meng Wanzhou for Michael Spavor and Michael Kovrig. The letter informed the prime minister what I have been yelling to deaf ears for a year and a half: that the minister
Meng Wanzhou’s release should not be tied to the ‘Two Michaels’ Read More »
