Hockey Licks and A Broken Extradition System

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So episode 75 - 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!

Emile Taman and Michael Spratt have both been nominated for Canada's top 25 most influential lawyers: vote for them here!

Is it a criminal offence to lick an opponent during a hockey game? After Boston Bruins forward Brad Marchand licked Tampa Bay Lightning's Ryan Callahan during a play off game this is a burning issue. So, Emilie and I dive into the law around consent fights and look at fighting in sport. Why can someone consent to bodily harm on the ice but not off it? What is the legal standard for proving an assault? And when is a lick a sexual assault?

But we lead off the episode on a much more important topic - the tragic case of Hassan Diab who was order extradited to France for his alleged role in the bombing of a Paris synagogue. The evidence was weak and a secret government memo uncovered by the CBC reveals that Canada helped France patch up its case and actively withheld evidence that could have shown Diab's innocence. 

Diab never did face trial in France. After 38 months of solitary confinement in a French dungeon, after missing the birth of his daughter, after losing years of his life, Diab was released and all charges were dropped by a French judge. 

Emile and I discuss why Diab should never had been extradited in the first place and why the Canadian judge did not have the power to throw out a shockingly weak case.

And we end with a short conversation about the Toronto van attack and why there have been no terrorism charges

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

Bold Justice Reform?

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So episode 74 - 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!

This episode we are joined by good friend of the podcast (TM) Peter Sankoff to take a deep dive into Justice Minister Jody Wilson-Raybould's new BOLD justice bill. The legislation, Bill C-75, was billed as a silver bullet to unclog our courts and bring about a “cultural shift” in the justice system. The changes may be bold, but in this case the proposed reforms will likely result in more delays, more racial inequality and more unfair trials.

Bill C-75 promises to speed up court cases by eliminating preliminary hearings for all but the most serious matters. Also, quietly slipped into the bill is a provision that would allow Crown prosecutors to simply file written copies of police officers’ evidence instead of actually calling them at trial to testify. Not only will these changes waste more court time than they save, they will erode fundamental safeguards of trial fairness.

Perhaps most galling is what is not in the new law: the elimination of mandatory minimum sentences. This change would reduce court delays and increase fairness. It also has decades of evidence and study to back up its positive impacts. And, if you care about such things, it was also an explicit election promise.

Bill C-75 has been widely condemned in the legal community. It has also shown that, like her predecessors, Wilson-Raybould is willing to draft reactive legislation based on one high-profile case, is willing to disregard evidence, is willing to sacrifice trial fairness, and is willing to break promises.

The Liberal's flagship justice bill is massive and it is already in trouble. The debate about this bill is not going to be quiet and will not be going away any time soon - so lets dig in....

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

Tina Fontaine, Arresting Journalists, and Fishy Crime Stats

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So episode 73 - 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!

So, after some technical difficulties we have a new episode - sorry about that. Maybe it is time to start one of those Patreon deals so we can buy some fancy equipment!

We start off with another hard topic - another verdict in a case involving a young indigenous victim. We look at the tragic case of Tina Fontaine. The system failed her at every step of her life and last month a jury acquitted the man accused of murdering her. But did the criminal justice process fail her? We take a look at the trial and the jury's verdict.

Then we move on to the bizarre case of a Radio Canada journalist arrested for criminal harassment for doing his job. The charges were dropped but WTF.

And finally we take on the federal government's cherry picking of crime stats. Fear is a very good motivator and this is what our police and politicians depend on. Fear of guns. Fear of gangs. Fear of drugs. Fear of violence. Fear to justify seemingly ever-increasing police budgets.

The reality is that fear of increasing violent crime is completely irrational. Canadians have never been safer.  The most recent crime statistics continue a two-decade trend of decreasing violent crime.  Violent crime rates were 24 per cent lower in 2016 than they were a decade earlier and are lower today than they has ever been in the last half-century.

But the federal government chose to manipulate statistics about gun violence to sell the budget and new firearm restrictions.

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

Gerald Stanley, Colten Boushie, and Justice

So episode 72 - 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.

Not a fun episode this week.

On Friday Gerald Stanley was acquitted of murdering Colten Boushie. People are often acquitted of serious crimes but this case was different. Boushie was a young indigenous man. Stanley was a white farmer. Boushie's friends said that they had some car trouble and went to the Stanley farm for help. Then, they say, Stanley murdered Boushie - for no real reason. Stanley said that Boushie was trying to steal some of his property and he accidentally shot him. So the best case scenario is that a white farmer shot a young indigenous man over some property.

But there was more to the story. The night Boushie was killed the RCMP treated his family like they had done something wrong.  In the aftermath of the killing "rural crime" - a dog whistle for indigenous people - was a hot topic in the Canadian Prairie. And then as the trial began the Stanley defence team used their peremptory jury challenges to exclude every potential indigenous juror

An all white jury acquitted a white farmer of killing an indigenous youth.

There was justifiable outrage and questions about racial bias in the justice system,

The Prime Minister and the Minister of Justice tweeted their outrage and sadness.  Those tweets also attracted scrutiny - the government should not be commenting on the outcomes of individual court cases. The government should take action to fix problems in the justice system but so far the Trudeau Government has chosen tweets over legislation.

This week we break down the Stanley verdict, talk about the jury selection process, and look at what can be done to make sure there is justice in the justice system.

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

#MeToo and the Law

So episode 71 - 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!

This episode we look at two high profile murder case in Toronto. First, the case Berry and Honey Sherman who Toronto police now say were murdered.  Berry's cousin Kerry Winter says he definitely did not do it - except his denial may raise more questions than answers. Then, we look at Bruce McArther, a landscaper and mall Santa, who the Toronto police now say is a serial killer responsible for string of murders in Toronto's LGBT community. There are lots of questions about what police knew and questions have been raised about why an arrest took so long. 

We then turn our sights to the political fall out of the #MeToo movement and look at my opinion piece for the CBC and appearance on CBC's The Current that has pissed of some defence lawyers. Long story short - the presumption of innocence is for the courtroom and should not operate to shield powerful politicians.

And then we take a look at the Ottawa police's absurd carding statistics. According to the police there is no carding problem because they don't do it any more. Police also say crime is on the rise because they can't arbitrarily stop young minority men and ask them their names. We call BS on the police and their statistics.

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 Docket's Year year end Extravaganza

So episode 70 - 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!

Fresh off our #Clawbies2017 award we had a New Year party and invited all of our friends!

Emilie and I kick of 2018 with a call in show - with predictions, resolutions, and admissions from past Docket guests: Louise Arbour, Senator Kim Pate, Making a Murderer's Jerry Buting & Dean Strang, Naomi Sayers, Anne-Marie McElroy, Member of Parliament Nate Erskine-Smith, the crew at PolitiCoast podcast, Borderlines podcast's Peter Edelmann & Steven Meurrens, and good friend of the podcast Peter Sankoff.

Oh, Emilie and I also talk about our resolutions and some plans for 2018.

Thanks to everyone for listening and sharing the podcast. We had a fantastic year and can't wait dive into 2018.

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

No Warrant, No Text Messages

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So episode 69 - 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!

Emilie and I take a depot dive into two new Supreme Court of Canada cases about text messages. In a majority decision, authored by Chief Justice McLachlin, the Court ruled that individuals have a privacy interest in the text messages they send - even if those messages are found on someone else phone.

And in a companion case the court clarified who can bring a privacy claim for text messages stored by telecommunication companies - hint: that person is you if the prosecution says you sent them. But the police don't need the more stringent wiretap authorization to get those stored message.

But before we do that we take a slightly detour to talk about Jagmeet Singh's "rookie blunder" of taking a principled stand on drug decriminalization. We don't think it is a blunder to do the right thing - no matter how unpopular. We also take a looks at hypocrites getting into the legal marijuana business. And I cop to an embarrassing inappropriate gavel admission.

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

Who is that new Supreme Court Judge?

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So episode 68 - 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!

A special guest! Ian Bushfield - the Executive Director of the @BCHumanist@bccla board member, and the left half of @PolitiCoastPod - returns to talk about the Supreme Court. 

But we start with the important stuff - a deep dive into the red hot debate about the best Canadian TV show of all time. And I have an epiphany about Danger Bay.

Then we dive into some law an politics. Justin Trudeau announced his new pick for the Supreme Court - Sheilah Martin. We give the honest of hot takes on the new appointment.

We also take a look at the government's historic apology for past LGBTQ2 discrimination and ask why is legislation that would repeal zombie laws - including some of the discriminatory and unconstitutional offences that were used against LGBTQ2 communities - stalled at first reading?

Then we take a look look at some other legislation that seems to be stalled. As the Supreme Court is set to hear a constitutional challenged to the Conservative victim fine surcharge legislation the current government seems content to let their legislative fix languish at fist reading. 

We also take a quick look at the Bill Morneau debacle, why we need a law reform commission, and as usual talk about pot and pardons. 

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

A Renowned Lawyer

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So episode 67 - 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!

Cannabis legislation is being debated on Parliament Hill. One MP called me a renowned lawyer and one MP said marijuana was as dangerous as fentanyl. At lest one of those MP is batshit crazy. Yes, Peter Kent claimed that by legalizing marijuana we might as well as be force feeding our kids fentanyl - well that was the gist of it. So we make some fun of him.

We also update the tragic Ezekiel Stephan case. The Alberta Court of Appeal upheld Ezekiel's  parents conviction for their role in his death. We looked at the case way back on episode 41 and we will likely do it all again because this thing is headed to the Supreme Court.   

I also tell Emilie a long story about the worse courthouse in Ontario - welcome to Smiths Falls.

And then we talk about mental health in the justice system. The House of Commons Justice Committee is looking at the mental health of jurors. Ontario took action last year. But we need to do more for everyone in our courts.  We don't talk about mental health enough but maybe that is changing.

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

You Are Tearing Me Apart Lisa!

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So episode 66 - 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 holy hell this was a good episode.

We kick off the episode looking at the recent litigation in Toronto involving the best worse movie ever made - The Room. Tommy Wiseau tried to block the release of the documentary Room Full of Spoons. His performance in court was about as good as it was in his movie and the judgement is hilarious.

Then we take a look at the tale of two police interviews. One was cut short because of excessive farting and one was thrown out of court for the oppressive lack of bathroom breaks. And then something more serious. Charges were dropped against a number of police officers accused of obstructing justice, planting evidence, and lying in court. It seems the officer's own police force so badly botched the disclosure of evidence to the Crown that the trial would have had to be delayed. And in an unprecedented move the Crown conceded the resulting delay would have been unconstitutional - in the absence of any defence application or court ruling. Wow.

But then onto the main act. We are joined by Vancouver based immigration and criminal lawyer Peter Edelmann. He took a break from his preparation for the next day's Supreme Court hearing to chat with us. We talk about his case, immigration policy, and criminal law. Peter also is the host of the immigration podcast Boarder Lines - so you should go listen to that too. 

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

Sexual Assault Myths and Ontario's New Bail Policy

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So episode 64 - 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.

The conversation about the justice system and sexual assaults has become a polarizing topic. But it should not be. It is possible to believe and support victims without throwing away the fundamental principles of our justice system. But it is a hard conversation.

Court cases like the latest debacle from Ottawa's Superior Court of Justice don't help. The case is simply called R. v. H.E - a husband raped his wife. He was acquitted. The judge got it wrong (and will be reversed on appeal). But this case does not prove that the law is broken - it proves that judges make mistakes. 

These conversations are hard - but they are necessary.

But before diving into sexual assault myths we talk about Ontario's new bail policy. It can be summed up as follows: "Hey Crown Attorneys - Follow the fucking law". Make no mistake this is a major development and a rebuke of Crown practices - but don't pretend it is the final fix or some progressive unicorn. It's not. So we tear it apart.

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

Drunk Canoeing and other Stupid laws, Who is the best judge ever, and R. v Suter: with "friend" of the podcast Peter Sankoff

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So episode 64 - 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.

Good friend of the podcast Peter Sankoff makes a triumphant return to the podcast studio.

Peter was in town making arguments at the Supreme Court of Canada in the very interesting case of R. v. Suter. You will want to follow this case - vigilant kidnapping, revenge thumb amputation, and some very poor advice from a lawyer.

We also talk about the most Canadian crime ever - Drunk Canoeing. Yes it is a crime. It should not be but it is. 

Speaking of pointless Criminal Code amendments, a Conservative wants to amend the Criminal Code to make theft of firefighting equipment illegal - the problem is that it is already a crime.

Then we debate who is the best judge ever.

Check out more of Peter Sankoff's work, videos, and writing at www.petersankoff.com

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

Opioids and Harm Prevention with Leila Attar

So episode 63 - 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.

Canada has a drug problem but it is a problem of policy. The war on drugs has failed and the results are laid bare in our court, hospitals, and morgues. People are dying. This is not new but is seems that the general public has finally starting to engage in a rational conversation about drugs and how we can help prevent harm.

One of the reasons we are finally able to have a rational conversations about drug policy is because of the advocacy of people like Leila Attar.

Attar has her own personal story and lived experience with overdoses but she is much more than that.  She travelled across Canada this summer talking to parents, health professionals, and politicians about drugs, recovery, and harm reduction. She is a volunteer with Ottawa's first pop-up safe consumption site organized by Overdose Prevention Ottawa. She is a powerful advocate and a necessary rational voice for sensible drug policy.

Trust me, you will want to listen to this one.

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

Marijuana legalization and Back to School Advice

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So episode 62 - 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.

Its back to school and we offer our advice to new law students - but it really applies to just about every one.  The short version - Don't be a dick.

But before we tell you how to succeed in school we break down the Liberals' marijuana legislation - Bill C-45.

There is some promise in Bill C-45 but there are also serious flaws and room for improvement.

The Legalization bill does not go far enough in removing marijuana from the Criminal Code and this failing diminishes the bill’s potentially positive results. Bill C-45 is an unnecessary complex piece of legislation that leaves intact the criminalization of marijuana in many circumstances.

Canadian drug policy and legislation is in need of reform. The war on drugs has been a complete and abject failure. The social and financial cost of marijuana (and all drug) criminalization outweighs any illusory benefit. Every year, scores of young men and women are killed over relatively small amounts of marijuana — killed because marijuana is illegal, making it the focus of a vastly profitable and violent black market.

Bill C-45 may limit, but it does not end this problem.

Even worse Bill C-45 continues marijuana criminalization in many circumstances and imposes unreasonable penalties on a relatively low-risk vice. In the real world, a drug record means limited employment opportunities, travel difficulties, and many other devastating collateral consequences.

So there are big issues - head over to the blog at michaelspratt.com to read more.

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

Trinity Western University and the Supreme Court

So episode 61 - 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.

This episode we are joined by Ian Bishfield - Executive Director of the @BCHumanist@bccla board member, and the left half of @PolitiCoastPod

First we nerd out about British Columbia politics and then we talk about the strange case of Trinity Western University and the Supreme Court of Canada.  

We talked about the Ontario Court of Appeal's decision a few months ago - can the Law Society of Upper Canada refuse to accredit a law school with discriminatory and homophobic policies - the Ontario Court of Appeal says YES. 

But controversy erupted before the Supreme Court heard any arguments when Justice Wagner denied intervenor status to groups representing the LGBTQ perspective (Wagner gave the thumbs up to religious groups). The the chief justice reversed his decision, and then the Supreme Court issued a press release, and then Wagner spilled his guts to the Globe and Mail.

It was a rather strange affair and perhaps a rare glimpse into some politics at Canada's highest court.

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

Erin O'Toole on Omar Khadr

So episode 60 - 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.

First thing first.  Go back and listed to episode 59 for your Omar Khadr primer.  

Conservative member of parliament Erin O'Toole was one person who listened and he had some stuff to say about the episode.  So we invited him on the podcast to discuss it.

O'Toole has been one of the Conservatives' lead critics of Justin Trudeau's 10.5 million dollar settlement with the polarizing Khadr.  O'Toole is also a fellow Dalhousie law school grad and a pretty smart guy. So we jump into the legal weeds on this one and break out some Latin maxims and Supreme Court of Canada case law.

Interesting debates are never easy. So put on your thinking caps and buckle up.

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

Omar Khadr

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So episode 59 - 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.

Before we jump into the heavy stuff lets look at something fun.  

Brendan Richmond's Canadian comedy song "Out For a Rip" went viral in 2013 raking up over 12 million views, but this Canada Day he was shocked to find his trademarked catchphrase on the lable of a Coca-Cola bottle.

So he lawyered up and released a followup song, titled "Out for a Sip" which doubles as the best legal demand rap video ever made.

Then onto the heavy stuff.

There has been so much misinformation surrounding the Canadian Government's settlement with Omar Khadr.  We break it down to separate the truth from the spin.  Does the Charter apply outside Canada? Was Khadr tortured? What exactly did the Supreme Court find in 2008 and 2010? And is 10.5 million dollars appropriate compensation?

Time to fact check what the politicians and political pundits are saying.

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

Supreme Court Speculation and Senate Report on Court Delays

So episode 58 - 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.

Last month, after 28 years on the Supreme Court, Chief Justice Beverley McLachlin announced her retirement. She was first appointed to the court by Brian Mulroney in 1989 - when we were still in grade school.

McLachlin also holds the record as the longest serving chief justice (she was elevated to chief justice by Paul Martin in 2000). 

McLachin won't be easily replaced - her accomplishments were unparalleled.

So who will Trudeau appoint as her replacement and who will be named as the new chief justice? This week we discuss, speculate, and dissect the possibilities for Canada's top court.

And more court delays. This time its the Senate who weighed in on the issue with the release of a massive report on the issue. We evaluate the Senate's top recommendations - thumbs up or thumbs down.

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

Remanding the Victim

So episode 57 - 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.

This week the CBC's Janice Johnston shed light on a horrifying courtroom injustice - the victim of a brutal sexual assault was remanded into custody because she had difficulty answering questions. The victim was a vulnerable indigenous woman. She had committed no crime. She showed up to court. But she found herself in jail - beside the man who attacked her. 

The accused - Lance Blanchard - was convicted of his crimes but there can be no justice for the victim. This week we take a look at this tragic and horrible situation.

We also take a look at the justice minister Jody Wilson-Raybould's new bill to 'modernize' the criminal code. Bill C-51 (not that C-51) is another half-hearted attempt to reform the justice system by grabbing the lowest of the low hanging fruit. Oh - there is also a major change to sexual assault law in the bill that is probably unconstitutional - but the Liberals were not really talking about that.

Is C-51 another missed opportunity for the justice reform we were promised - the short answer is yes.

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

JJJ: Juries, Judgements, and Jails

So episode 56 - 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.

Do we really want to know how the sausage is made? This week we take a look at juries. We trust 12 non-legal experts to pass judgement on the most serious criminal charges. But we have no idea who they are, they don't explain their decisions, and its a criminal offence to ask them about their deliberations. Is it time to rethink trial by jury?

Then we look at Judges. Judges are required to provide reasons. When they don't there is trouble. We take a look at the Ontario Court of Appeal's decisions R. v. Sliwka - a case where the judge never provided reasons for her decision.

Last up - failed correctional policy. Ontario want's to build some new jails. It is a horrible idea - because the government will screw it up. It always does. Building new bigger is nothing to be proud of. It is an admission of failure.

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