Back to High School

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So episode 94 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. Join the Discord channel, take part in the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

In this episode The Docket goes back to high school to answer a bunch of questions from the Grade 12 law class at Mackenzie Community School in Deep River. A huge thanks to Jodie Primeau for hooking us up with these awesome questions. The kids are going to be alright.

We also chat about our trip to Yellowknife, Doug Ford’s legal aid guarantee, and Michael’s campaign of harassment to hold the Premier to his promise.

You may have noticed some awesome new Docket cover art. A huge thanks to Parker Mazerolle. You can get in touch with Parker on twitter (@MazerolleParker). And please let us know what you want to see in the next art updated (yes, it must include superhero Emilie).

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Immigration Unfairness

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So episode 93 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. Join the Discord channel, take part in the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

This week we sat down with the amazingly awesome immigration expert Jamie Liew to talk about some troubling immigration developments.

The federal Liberal government, breaking a couple election promises, have buried some troubling immigration law changes in an omnibus budget implementation bill. In short the Liberals have taken a hard right turn and closed the safe third country loophole - in the most unfair way possible.

At the same time Ontario premier Doug Ford slashed Legal Aid Ontario’s budget by 30 percent and has cut off all funding for immigration cases.

Dark days.

You may have noticed some awesome new Docket cover art. A huge thanks to Parker Mazerolle. You can get in touch with Parker on twitter (@MazerolleParker). And please let us know what you want to see in the next art updated (yes, it must include superhero Emilie).

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

SNC-Lavalin - Please Make It Stop!

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So episode 92 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. Join the Discord channel, take part in the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

SNC-Lavalin - the scandal that, just won’t die. Please make it stop.

We look at the ethics of Jody Wilson-Raybould recording her phone call with Michael Wernick. The ejection of Jane Philpott and Wilson-Raybould from the Liberal caucus. And breaking news - the disastrously stupid move by Justin Trudeau of threatening to sue Andrew Scheer for defamatory comments.

You may have noticed some awesome new Docket cover art. A huge thanks to Parker Mazerolle. You can get in touch with Parker on twitter (@MazerolleParker). And please let us know what you want to see in the next art updated ( yes, it must include superhero Emilie).

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

SNC updates, Unconstitutional laws, and the Humboldt sentencing

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So episode 91 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

As usual we start with the SNC-Lavalin scandal, which just won’t die. Michael Wernick resigned, Jane Phllpott dropped some bombs in an interview and Jody Wilson-Raybould will is going to give some more evidence (even though the Liberal controlled justice committee wants to shut down the hearings).

Then we hop over to the Supreme Court which released a ruling in R. v. Morrison striking down some of Canada’s child luring laws. Unconstitutional laws are bad for everyone - especially the children.

And then we talk about the Humboldt sentencing. The truck driver who caused the deadly Humboldt Broncos bus crash a year ago was sentenced to eight years - hot take time.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

SNC-Lavalin - I am not going to call that liar a liar edition

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So episode 90 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

By now you know the story. Canada’s former Attorney General and Minister of Justice Jody Wilson-Rayboul testified before the House of Commons Justice Committee about the SNC-Lavalin scandal. Her allegations were explosive. And then Gerald Butts, the Prime Minister’s best friend and former chief secretary, who had resigned because of this scandal and who the Liberals on the Justice committee voted against inviting to testify, begged to respond.

And so he was invited to testify.

Butts delivered the most coherent defence of the government’s actions - not a high bar to cross. It all sounded pretty reasonable. He said he was not there to cast aspersions on anyone or to suggest that anybody is deliberately misleading anyone else - but then basically testified that Wilson-Raybould was a liar, a poor historian, and a minister who did not understand her own files.

But does Butts’ version of events really stack up on a closer look? Is simply raising a doubt about government impropriety enough when the rule of law is at stake.

We offer our unedited hot take.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

SNC Lavalin - Jobs, Jobs, Jobs and other Liberal talking points

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So episode 89 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

Last week Canada’s former Attorney General and Minister of Justice Jody Wilson-Rayboul testified before the House of Commons Justice Committee about the SNC-Lavalin and wow. Wilson-Raybould’s evidence was direct and powerful. She outlined a coordinated campaign that can lead to no other conclusion than that of political interference in the independence of the AG. Electoral politics and decisions on criminal prosecutions should not go hand-in-hand.

We look at Wilson-Raybould’s evidence and how it stacked up to the not-so-good evidence of The Clerk of the Privy Council Michael Wernick.

And then we dissect and dismantle the top 10 Liberal talking points. Jobs, Jobs, Jobs. Wilson-Raybould was the source of the Globe and Mail story. Nothing criminal happened. And on and on and on.

Because this issue is simply to important for blind adherence partisan talking points.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

SNC Lavalin (Part 2), Peeping Teachers, and Pardons

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So episode 88 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

With Canada’s former Attorney General and Minister of Justice Jody Wilson-Rayboul set to testify before the House of Commons Justice Committee’s hearings this week on the sordid SNC-Lavalin affair we summarize the explosive allegations and review the not-so-good evidence of The Clerk of the Privy Council Michael Wernick.

We also summarize the Supreme Court’s decision in R. v. Jarvis - how did it take three levels of court before we were told that teachers can’t take secret recordings of their student’s to later use for their own sexual gratification? It’s a head scratcher.

And we dive into a fantastic new bill by Senator Kim Pate designed to fix Canada’s broken pardon system. Spoiler alert - we like it.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

SNC Lavalin

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So episode 86 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

There has been lots of ink spilled and punditry about the SNC Lavalin affair. On the eve of Gerry Butts’ resignation as Justin Trudeau’s principal secretary we sat down to rehash the whole sordid history.

From the dubious actions of SNC Lavalin, to the covert passage of Criminal Code remediation agreements in a 2018 omnibus budget bill, to the intense lobbying by SNC, to the bombshell allegations of PMO interference with Jody Wilson-Raybould and her shuffling out of the Justice portfolio, to the constantly changing narrative from Trudeau himself and culminating in today’s surprise resignation of Butts. We got you covered.

This one was quick and dirty. No prep, no editing, no filter.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Ottawa Police Trial and Special Guest Emily O'Brien

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So episode 86 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

This episode we have a really special guest! Emily O’Brien, a young professional from Toronto, was arrested at Person airport in Toronto, fresh off a flight from St. Lucia, with 130,000 dollars worth of cocaine strapped to her body. Emily joins us to talk about her arrest, her journey through the justice system, her time in prison, and her new business work to help women reintegrate into society.

You can read more about Emily’s story in the Hamilton Spectator.

And you can keep up-to-day with Emily’s amazing story and her new business at Cons & Kernels and you can follow Emily on Instagram @territuesday.

But as usual we bury the lead and start off with some sadness and talk about the death of the wonderful Paul Dewar. And then dive into the trial of Ottawa police officer Danial Montsion who is charge with manslaughter in the death of Abdirahman Abdi.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Cabinet Shuffle Comes For Justice

So episode 85 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

Some light banter before we dive into the meat and potatoes. Emilie won the NDP nomination in Ottawa Centre - let the election season begin. And we dive into the final results of the Best Fictional Lawyer Tournament.

And then we talk about the cabinet shuffle. Jody Wilson-Raybould is out as Minister of Justice and David Lametti - who?!? - it in. We break down how Wilson-Raybould did and speculate about why she was dumped.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Louise Arbour on the UN Global Compact on Migration

So episode 84 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

A huge thanks to everyone at the #Clawbie2018 awards we are so honoured to have been awarded the Fodden Award for Best Canadian Legal Blog

AND It is time to vote in the quarterfinals of Abergel Goldstein & Partner’s All-Time Best Fictional Lawyer tournament. Each week there will be a new round of voting until one fictional lawyer is crown All-Time Best.

But let’s not bury the lead any further. LOUISE ARBOUR is back to talk about her work as the Special Representative of the Secretary-General for International Migration on the ground breaking Global Compact on Migration. There has been a lot of misinformation about the Global Compact so we went straight to the top to set the record straight.

But before we talk to Louise you will have to listen to us discuss our holiday, the best fictional lawyer competition, and our hot takes on Justice Tulloch’s report on Carding that the Ontario government tried to bury.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Victim Fine Surcharge

So episode 83 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

It is #Clawbie2018 nomination season. Nominate you favourite legal blog or podcast for this years awards.

It is time to vote in ROUND TWO of Abergel Goldstein & Partner’s All-Time Best Fictional Lawyer tournament. Each week there will be a new round of voting until one fictional lawyer is crown All-Time Best.

And then we talk about the Supreme Court decision striking down the Conservative Victim Fine Surcharge law. The surcharge was a tax on broken souls and in a 7-2 decision the Supreme Court brought back some fairness to sentencing.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

The Best Fictional Lawyer, Criminology Research, and HIV Policy

So episode 82 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

And now you can join The Docket’s Discord chatroom. What I hope will be a community of legal/political nerds and Docket fans. Ask us questions, listen to live recordings, and join the conversation. Join the Discord channel with this link: https://discord.gg/2TzUamZ

It is #Clawbie2018 nomination season. Nominate you favourite legal blog or podcast for this years awards.

This episode we jump into the debate over who is the best fictional lawyer.

It is time to vote in Abergel Goldstein & Partner’s All-Time Best Fictional Lawyer tournament. Voting opened this week for round one (part 1) - movie and sitcom lawyers. Voting for this first round closes at 5pm on December 9th. Each week there will be a new round of voting until one fictional lawyer is crown All-Time Best.

We also take a shallow dive into the University of Toronto Centre for Criminology & Social Studies criminological highlights to look at the latest data and research on criminal justice policy.

And then we finish off with a conversation about the directive to be issued by the Attorney General of Canada to federal prosecutors regarding prosecutions of non-disclosure in HIV cases.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Twitter lawsuit, Scheer lunacy, and Pro Bono Ontario

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So episode 81 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

And now you can join The Docket’s Discord chatroom. What I hope will be a community of legal/political nerds and Docket fans. Ask us questions, listen to live recordings, and join the conversation. Join the Discord channel with this link: https://discord.gg/2TzUamZ

After a weekend at the Criminal Lawyer’s conference we sat down for a bit of an update.

Emilie settled her twitter lawsuit with Ottawa’s mayor Jim Watson. Watson reversed his position, admitted he was wrong, and unblocked all of Ottawa.

Then we move onto Andrew Scheer’s justice announcement. He wants to crack down on guns and gangs and is not afraid to mislead the public and violate the Charter. So we decided to deconstruct his dishonest six-point plan.

And then Michael pisses off the whole civil bar. Pro Bono Ontario is a necessary and valuable service. But funding to the tune of $500,000 has fallen through and the Ottawa and Toronto office will be forced to shut down next month. The civil bar is rightly up in arms. But if the issue is access to justice maybe civil lawyers could take a closer look at the role their high fees play in the problem.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Bradley Barton and Brett Kavanaugh

So episode 80 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Finally a new episode! Sorry Sorry Sorry. We have been slammed at home and at work.

Almost three weeks ago we sat down with Peter Sankoff and Dino Bottos the night before they headed to the Supreme Court to argue the appeal of Barton v. The Queen. The case is complicated with important legal issues and the facts are tragic. Barton was charged with the death of Cindy Gladue. Gladue died of injuries sustained during sex - the question is whether the sex was consensual or not.

Barton was acquitted by a jury but the Alberta Court of Appeal found that errors had been made and sent the case back for a new trial. Now its the Supreme Cours turn to weight in.

There have been strong feelings about the case - it involves allegations of sexual violence that can be very disturbing.

For more information check out the Supreme Court of Canada website for the legal factums and a webcast of the arguments made by all parties and interveners.

After Barton we talked about Brett Kavanaugh - which I swear was topical at the time.

And we promise to get a new episode out soon!

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

The Staircase Aftershow - Chapter 8: The Verdict

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It is like deja vu all over again as The Docket Podcast returns to an episode-by-episode examination of a real life crime docu-series.  Only this time its all about The Staircase instead of Making A Murderer.

Join us - criminal defence lawyer Michael Spratt and former federal prosecutor and law professor Emilie Taman - as we dissect The Staircase chapter-by-chapter. Each podcast we will break down the legal strategy, evidentiary issues, and give our opinions on the case - with a Canadian twist.

In Chapter 8: The Verdict we get our hearts broken.

But before that we talk about closing arguments and the tips and tricks of the trade. Side note: what does the T in Pure-T-Filth stand for anyway.

And then the verdict. Waiting for the verdict is the most intense thing ever and then hearing a verdict is that x100. We try to break down what David Rudolph is feeling and then talk about how to pick up the pieces.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Notwithstanding Doug Ford

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So episode 78 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

We interrupt our Staircase aftershow series to bring you this special podcast.

In late July, after not campaigning on the issue and in the middle of Toronto’s municipal election, Doug Ford and his Conservative government introduced Bill 5, also known as the Better Local Government Act, 2018.

Bill 5 radically altered Toronto’s electoral districts by cutting the wards from 47 to 25 and in most cases doubling both their physical size and the number of potential voters. The immediate impact of Bill 5 was wide-spread confusion and uncertainty.

So dramatic was this mid-election change that the new law was before the Ontario Superior Court in a matter of weeks. And this week the court released its decision finding Ford’s legislation unconstitutional because it violated both the candidates and the voters freedom of expression under section 2(b) of the Charter.

Ford’s reaction was swift and unprecedented - he said that the Ontario would invoke the notwithstanding clause of the Charter to push through the unconstitutional bill - despite the court decision.

Invoking the rarely-used notwithstanding clause is a nuclear option to deal with a non-urgent matter. But it seems that Ford is perfectly content to prioritize political expediency over Charter rights. It also seems that Ford either does not understand the relationship between the courts and the legislature - he says he was elected by the people so he should be able to do as he pleases - constitutional rights be damned.

And Ford says he will do it again if the courts try to hold him back.

This week we break down the legislation, the court decision, the notwithstanding clause and why this all matters.

It’s going to be a long four years.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

Is the defence of extreme intoxication in sexual-assault cases back?

So episode 78 - a new record.  But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should.

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

We interrupt our Staircase aftershow series to bring you this special podcast.

Is the defence of extreme intoxication in sexual-assault cases back? 

The headlines were attention grabbing after a Toronto Judge ruled that section 33.1 of the Criminal Code, which limited the defence of extreme intoxication in all assault cases, was unconstitutional.

As the Globe and Mail put it: The defence of extreme intoxication in sexual-assault cases is back in Ontario, after a judge ruled that a federal law removing it violates the constitutional rights of the accused.

The twitter storm that followed was predictably biting.

But in the legal world the decision came as no big surprise. After all, that section of the Criminal Code had been found unconstitutional 9 times over the last 25 years. 

And a successful defence of extreme intoxication in sexual assault cases is as rare as a unicorn - you can count the times it has been successful on one hand that is missing a bunch of fingers.

So while it is completely justified to be concerned after the media reports, a deeper look at the case and the constitution may help reduce some of the shock and disgust that some people felt following the decision

In this episode we take a look at the recent court decision and the history of extreme intoxication as a defence to general intent offences like sexual assault. And at the end of the day it is not as bad or offensive as it may appear at first blush.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his work.

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

The Staircase Aftershow - Chapter 7: The Blow Poke Returns

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It is like deja vu all over again as The Docket Podcast returns to an episode-by-episode examination of a real life crime docu-series.  Only this time its all about The Staircase instead of Making A Murderer.

Join us - criminal defence lawyer Michael Spratt and former federal prosecutor and law professor Emilie Taman - as we dissect The Staircase chapter-by-chapter. Each podcast we will break down the legal strategy, evidentiary issues, and give our opinions on the case - with a Canadian twist.

In Chapter 7: The Blow Poke Returns the defence makes its toughest call - will Michael Peterson testify. Calling the accused to the stand is one of the biggest decision in any trial. This week we break down the tactical considerations when calling defence evidence.

Oh and the Petersons also found the blow poke. What! What!?! The Staircase is full of surprises  and we look at the complex and sometimes murky ethical obligations that can arise when new evidence is discovered. 

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

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The Staircase Aftershow - Chapter 6: The Prosecution's Revenge

It is like deja vu all over again as The Docket Podcast returns to an episode-by-episode examination of a real life crime docu-series.  Only this time its all about The Staircase instead of Making A Murderer.

Join us - criminal defence lawyer Michael Spratt and former federal prosecutor and law professor Emilie Taman - as we dissect The Staircase chapter-by-chapter. Each podcast we will break down the legal strategy, evidentiary issues, and give our opinions on the case - with a Canadian twist.

In Chapter 6: The Prosecution's Revenge the prosecution puts its case to the jury - complete with prejudicial "gay sex" and a speculative similar fact application implicating Peterson in the 1980s death of his friend Elizabeth Ratliff. 

Peterson's defence team of David Rudolf and Tom Maher take apart the Crown's case with some great courtroom work - but will it be enough to overcome the unfairness create by the prosecution?

Subscribe to The Docket on iTunes to get the latest episode pumped straight into your earbuds. If you like the show your subscriptions, comments and ratings really help us (so do that and then do it on your friends computer too) - Click Here

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy