Criminal Defence
I recently read Richard Posner’s excellent 2010 book, How Judges Think. He pulls back the curtain on judicial thinking, clarifying a topic seldom discussed or understood. He puts the lie to the commonly held perception that judges’ reasoning is (for the most part) Divinely inspired. He reinforces Justice Berger’s somehow-controversial comments in R. v. Gashikanyi, …
Continue reading “Surprisingly Human: How Judges Think, by R. Posner”
I am looking for contract work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca. To subscribe to the mailing list (link). Check out my latest blog post on the fiasco that is Legal …
Continue reading “Weekly criminal law update – May 15, 2022”
I have lots to say about Legal Aid Alberta (LAA) and its funders. They’ve slashed their budget drastically the last few years – with an extreme, detrimental impact on both the public and the lawyers who depend on it for their livelihoods. Given their very tight budget (and drastic reductions in funding from Alberta’s provincial …
Continue reading “The train wreck that is Legal Aid Alberta”
I am looking for contract work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca. To subscribe to the mailing list (link). NCR finding overturned, due to insufficient reasons, etc. Also, the charges were …
I am looking for contract work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca. To subscribe to the mailing list (link). Confession to police upheld on appeal (4-3) in New York, despite blatant …
To subscribe to the mailing list (link). Excellent and surprising sentencing case from the ABCA: R v Friesen, 2022 ABCA 147. The Crown – clearly unhappy with the conditional sentence imposed by Stirling J. in a CP case – appealed. Hopefully a good omen for #5 here – Llewellyn, a similar sentencing decision by the …
Continue reading “Weekly criminal law update – April 25, 2022”
To subscribe to the mailing list (link). Wow! A stop of a vehicle leading to a driving while prohibited charge is dismissed on the basis of racial profiling in pulling over the car. Primarily on the grounds that the car was later searched “incident to arrest” and nothing was found, and this problematic search “can …
Continue reading “The ends justify the means – weekly criminal law update – April 18, 2022”
To subscribe to the mailing list (link). Problematic deference to trial judge’s findings of fact in tenuous case – yet again (R. v. J.L., 2022 ONCA 271, at para. 3.) Although J.L. raises concerns about the trial judge’s credibility evaluation that are not entirely without merit, when examined in the context of the reasons for …
Continue reading “Weekly criminal law update – April 11, 2022”
To subscribe to the mailing list (link). In a Charter case, Khullar JA’s dissent (majority is Wakeling and Crighton JJA) is interesting. She allows consideration of s. 8 and 9 Charter breaches not raised at trial (e.g. search of vehicle incident to arrest). Will be watching for at SCC. I’m leaning towards the majority myself …
Continue reading “Weekly criminal law update – April 4, 2022”
To subscribe to the mailing list. On a defence appeal, Crown asks ONCA to depart from binding precedent in Jordan, and to find that a stay of proceedings is not the only remedy available for a Jordan (excessive delay) breach. This was not dealt with at trial, and is thus a new argument that the …
Continue reading “Weekly criminal law update – March 28, 2022”
Moldofsky Law 