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When rape is alleged, our courts should not rush to judgment

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Gary Botting
Gary Botting
Principal at G.N.A. Botting, Barrister
garybotting@shaw.ca
Gary Botting
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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 […]

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What is sexual consent and why is obtaining it so important?

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Céline Dostaler
Céline Dostaler
Principal at Céline Dostaler Criminal Defence Lawyer
celine@celinedostaler.ca
(613) 695-8595
Cell (613) 863-8595 (24/7)
Céline Dostaler
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A few decades ago, the slogan “no means no” was commonly used in campaigns to educate the public about date rape and respecting boundaries. It still applies because if someone says “no” or “stop” and you don’t listen, you are committing an assault. But sexual consent goes well beyond that, and it is not just

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Meng Wanzhou’s release should not be tied to the ‘Two Michaels’

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Gary Botting
Gary Botting
Principal at G.N.A. Botting, Barrister
garybotting@shaw.ca
Gary Botting
Latest posts by Gary Botting (see all)

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

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What happens if you are falsely accused of sexual assault?

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Céline Dostaler
Céline Dostaler
Principal at Céline Dostaler Criminal Defence Lawyer
celine@celinedostaler.ca
(613) 695-8595
Cell (613) 863-8595 (24/7)
Céline Dostaler
Latest posts by Céline Dostaler (see all)

No one wants to be unfairly accused of any crime but the negative stigma attached to sexual assault charges can easily destroy reputations while tearing apart families and livelihoods. Those caught in this situation are consumed with fear and anger as they face a daunting legal process that can drag on for years, with no

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Feds urged to read their history books and call off Meng extradition

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Gary Botting
Gary Botting
Principal at G.N.A. Botting, Barrister
garybotting@shaw.ca
Gary Botting
Latest posts by Gary Botting (see all)

By Paul Russell, LegalMatters Staff • The Canadian government should revisit a 160-year-old court decision and reflect on whether it is in Canada’s interest to proceed with extradition proceedings against Huawei executive Meng Wanzhou, says B.C. criminal lawyer Gary Botting. Meng was arrested by Canadian authorities on a stopover at Vancouver International Airport in December

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‘Experts’ hold the power at dangerous offender hearings

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Gary Botting
Gary Botting
Principal at G.N.A. Botting, Barrister
garybotting@shaw.ca
Gary Botting
Latest posts by Gary Botting (see all)

By Paul Russell, LegalMatters Staff • Lawyers representing dangerous offender defendants face a difficult decision about whether to advise their clients to talk to the court-appointed psychiatrist/psychologist or maintain their right to silence, says B.C. criminal lawyer Gary Botting, author of Wrongful Conviction in Canadian Law. “Section 752.1 of the Criminal Code specifies that during

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New Huawei charges should not impact CFO’s extradition case

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Gary Botting
Gary Botting
Principal at G.N.A. Botting, Barrister
garybotting@shaw.ca
Gary Botting
Latest posts by Gary Botting (see all)

By Paul Russell, LegalMatters Staff • Fresh indictments against Chinese telecommunications giant Huawei should not be a factor in deciding if the company’s top financial executive can be extradited from Canada to the United States to face fraud-related charges, says British Columbia criminal lawyer Gary Botting. CFO Meng Wanzhou was arrested by Canadian authorities on

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Class-actions can be effective in workplace harassment cases

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Margaret Waddell
Margaret Waddell
Partner at Waddellphillips.ca
(416) 477-6979
marg@waddellphillips.ca
Margaret Waddell
Latest posts by Margaret Waddell (see all)

More class-action lawsuits relating to workplace harassment could be in the making, especially if the Supreme Court of Canada (SSC) decides to recognize harassment as a stand-alone tort, says Toronto class-action lawyer Margaret Waddell. While lower courts have ruled there is no tort of harassment, if the SCC grants leave to appeal in two recent decisions,

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Supreme Court of Canada decision is a call to action for the Crown: Grey

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Leighton Grey
Leighton Grey
Senior Partner at Grey Wowk Spencer LLP
(780) 594-0299
lgrey@gwsllp.ca
Leighton Grey
Latest posts by Leighton Grey (see all)

A Supreme Court of Canada (SCC) ruling is a call to action for the Crown to reconsider how well the justice system balances people’s rights with the goal of prosecuting those who violate the law, Alberta criminal lawyer Leighton Grey says. In a 9-0 decision, the SCC ruled people accused of crimes are entitled to a review of

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Costs awards could put damper on mega class actions in Ontario

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Margaret Waddell
Margaret Waddell
Partner at Waddellphillips.ca
(416) 477-6979
marg@waddellphillips.ca
Margaret Waddell
Latest posts by Margaret Waddell (see all)

Ontario’s loser-pays costs regime could endanger the province’s place as the jurisdiction of choice for high-value class actions, says Toronto class-action lawyer Margaret Waddell. In a recent ruling, Ontario’s Court of Appeal upheld a motion judge’s decision to dismiss a class action brought by restaurant and bar owners against the Liquor Control Board of Ontario, the Beer

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