Explore every episode of The Docket
| Pub. Date | Title | Duration | |
|---|---|---|---|
| 30 Jan 2022 | Truck Protests and Crown Juror Friendships | 00:44:36 | |
So, episode 131 – a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast – right? You should. After a holiday hiatus the Docket returns to discuss the racist and extremist "trucker" protest in Ottawa and a bizarre and troubling story about an Ottawa Crown Attorney who was on the same soccer team as a key juror in a murder trial he was prosecuting. Remember, you can self-isolate in 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 And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at 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). Emilie Taman on Twitter: @EmilieTaman Michael Spratt on Twitter: @mspratt If you like show spread the word. Enjoy | |||
| 27 Feb 2022 | Trucker Bail | 01:03:45 | |
So, episode 133 – a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast – right? You should. After almost a month of inflicting harm and havoc in Ottawa, the extremist trucker protest is over. But the lawless takeover of Canada’s capital city and the dramatic police action required to restore peace were troubling tests of our democracy. The occupiers inflicted prolonged and unrelenting harm on an entire city. It seemed to take the federal government invoking the Emergencies Act to end the siege. Make no mistake, resort to the Emergencies Act is an admission of failure. A failure by the police to maintain public peace, a failure by the city and province to take the threat to our democracy and safety seriously, and a failure of federal leaders to engage in an honest discussion about the fundamental inequities in our society. But the occupation is over, and now the court cases begin. This episode we break down Canada's bail system and take a closer look at why the leaders of the occupation, Pat King and Tamara Lich, were denied bail and remain behind bars. You can read Pat Kings bail decision here Please visit www.ottawafund.ca to learn more about the class action lawsuit against the truckers and how you can help! You can read Michael's take on the troubling reaction to the occupation by some in the law community here: Did Canada become a police state after the protest in Ottawa? Hardly Remember, you can self-isolate in 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 And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! Subscribe to The Docket on iTunes or you favourite podcast app 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). Emilie Taman on Twitter: @EmilieTaman Michael Spratt on Twitter: @mspratt If you like show spread the word. Enjoy | |||
| 18 Oct 2021 | Race in sentencing | 00:55:44 | |
So, episode 130 – a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast – right? You should. Last week the Ontario Court of Appeal released its decision in R. v. Morris, considering how sentencing courts should take evidence of anti-Black racism into account on sentencing. Although the Court of Appeal affirmed that racism is a relevant factor on sentencing, there were some questionable parts of the decision. This episode we are joined by Reakash Walters, lawyer at Addario Law Group, award winning podcaster, and soon to be Supreme Court law clerk to break down the Court of Appeal's decision. A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 15% off Modern Criminal Evidence for our listeners. Just visit emond.ca/docket and enter code DOCKET15 at checkout. Remember, you can self-isolate in 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 And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at 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). Emilie Taman on Twitter: @EmilieTaman Michael Spratt on Twitter: @mspratt If you like show spread the word. Enjoy | |||
| 13 May 2016 | Animal Justice with Nathaniel Erskine-Smith | 00:42:13 | |
So episode 37 - 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? This week Emilie and I were joined by Liberal MP for Beaches—East York Nathaniel Erskine-Smith to talk about his private members bill designed to reform some of Canada's animal cruelty laws. Of course we also could not resist talking about marijuana and a couple other justice issues. Erskine-Smith has a law degree and a masters in political philosophy and constitutional law. He has worked at litigation firms and has volunteered for the Canadian Civil Liberties Association. He has been an outspoken critic of his own party's drug policy and has raised concerns about the Liberal's assisted-dying legislation. There has been some misleading criticism of Erskine-Smith's animal justice bill - including by the Liberal parliamentry secretary to the Minister of Justice Bill Blair. So it is great to bring some logic to the discussion.
Check out Erskine-Smith's bill here: Modernizing Animal Protections Act And check out this great video blog by friend of the podcast Peter Sankoff that destroys the critic's arguments: Focusing on Bill C-246 - Reforming the Animal Cruelty Provisions of the Code 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 | |||
| 07 Jun 2016 | The Last Two Weeks and Medical Assistance in Dying | 01:02:19 | |
So episode 38 - 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? This week Emilie and I catch up on the last two weeks. She was in China and I kept the kids alive. I also wrote an open letter to Ottawa's Chief of Police about some shocking behaviour by the local cops and then wrote about issues I had with a report on major problems at the Ottawa jail. But then we dive into the really important and complex issue of medical assistance in dying, the Supreme Court's unanimous decision in Carter, and the government's legislative response - bill C-14. There are some real problems with the Liberal's new bill. The Alberta Court of Appeal and the Ontario Superior Court both indirectly questioned the constitutionality of bill C-14. The legislation is now before the Senate and Emilie and I reflect on the first day of testimony - including some serious questions raised by constitutional scholar Peter Hogg. So we sort of nerd out a bit.... Fun. 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 | |||
| 12 Jun 2016 | Making a Murderer Road Trip | 00:20:32 | |
So episode 39 - 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? A bit of a short but special episode this week. I was invited to moderate to Toronto stop of Dean Strang and Jerry Buting's speaking tour - A Conversation on Justice. Ya - that Stang and Buting - from the super popular Nexflix Documentary Making A Murderer. So Emilie and I ditched the kids and hopped a train to Toronto for the weekend. It was a fantastic weekend: a crazy hotel upgrade, a packed Sony theatre, a good conversation, and a promise from Strang to do what Buting did earlier this year - come on the podcast! Emilie and I break down the weekend and share a couple audio clips we smuggled out of the Sony theatre. 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 | |||
| 17 Jun 2016 | Kim Pate | 01:13:20 | |
So episode 40 - 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? This week Emilie and I sat down for a chat about jail and justice with Kim Pate. Kim Pate is the executive director of the Canadian Association of Elizabeth Fry Societies. She is was named a Member of the Order of Canada for her work on behalf of women who are marginalized, victimized or incarcerated. In short - she is awesome. 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 | |||
| 27 Jun 2016 | Dean Strang | 00:55:43 | |
So episode 41 - 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? This week Emilie and I jumped back into Marking A Murderer and gave one of Steven Avery's lawyers Dean Strang a call. Of course we chat about the Netflix documentary but we also talk about Dean and Jerry Buting's speaking tour, women in the legal profession, gun control, and much much more... Hey Ken Kratz - give us a call? 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 | |||
| 04 Jul 2016 | Penile Swabs, Cyber Bullying, Trinity Western, and Ezekiel Stephan | 01:01:34 | |
So episode 41 - 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? This week Emilie and sift through the legal and political news of the day and discuss a few topics: Penile Swabs, Cyber Bullying, Trinity Western, and the Ezekiel Stephan sentencing. The Supreme Court of Canada found that police have the power (without a warrant or any prior authorization) to take penile swabs from suspects - by force if necessary. In our view it is a problematic decision with far reaching privacy implications. We also discuss the case of Amanda Todd after a Dutch court ruled that a man suspected of cyberbullying the B.C. teen before she took her own life can be extradited to face trial in Canada. And by discuss I mean we totally steal the topic (and some audio) from Jesse Brown's podcast CanadaLand. Then we move on to the Trinity Western case. 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. Finally we wrap up our look at the Ezekiel Stephan case. Ezekiel's parents were sentenced and one of them escaped jail - but maybe both should have. 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 | |||
| 20 Jul 2016 | Pokémon Go and Speedy Trials | 01:00:37 | |
So episode 43 - 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? Pokémon! Yes - there is a way to talk about Pokémon Go! on a legal podcast. Its not just click bate. Emilie and I also talk about our West Wing rewatch and minimum minimum jail sentences. We hate mandatory minimums and it turns out so did the Bartlet administration. We save real life for last. There was a new Supreme Court of Canada decision released and its all about the constitutional right to a speedy trial. We chat about R. v. Jordan and a brief history of section 11(b) of the Charter. It is more fun than it sounds - we even disagree a bit for once! 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 | |||
| 13 Aug 2016 | Beat the Buzzer: Supreme Court, Terrorism, Police Accountability, and Breaking Making a Murderer News | 00:55:04 | |
So episode 44 - 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? There was so much to talk about we imposed time allocation - 10 minutes per topic. Breaking Making a Murderer news - a Wisconsin appeal court has just ordered a new trial in the Brendan Dassey case. Check out the full decision here and stay tuned for a full episode on this crazy decision! This episode we take a quick look at four topics: the new Supreme Court appointment process, two recent terrorism cases, the sentencing of Toronto police officer James Forcilo for the shooting death of Sammy Yatim, and the Ottawa case of Abdirahman Abdi who died while in police custody. And these are your show notes - there could be links, cases, articles, and much much more..... but it is Friday night... so thats it! 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 | |||
| 29 Aug 2016 | Senator Baker Returns | 01:10:36 | |
So episode 45 - 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? Senator Baker returns to talk about the Standing Senate Committee on Legal and Constitutional Affairs' interim report: Delaying Justice is Denying Justice: An urgent need to address lengthy court delays in Canada. There is a problem with delays in the criminal justice system. Delayed cases harm: the innocent, victims, the community, and the quality of justice - memories fade, the innocent languish in jail, and victims are denied legal closure. So ya - delays are bad. The Senate's interim report identifies problems and more importantly looks for solutions. Senator Baker walks us through the findings. Oh - Senator Baker also flatters me and basically volunteers to be a reference for a judicial application. But seriously there is not a more knowledgable, intelligent, passionate, and affable person than Senator Baker. Emilie and I also talk about some other stuff too - but seriously - it is all about Baker! 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 | |||
| 01 Sep 2016 | Desmond Cole: Police Accountability and Abdirahman Abdi | 01:12:27 | |
So episode 46 - 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? Desmond Cole! The man needs no introduction - journalist, social activist, and civil rights crusader. Desmond Cole, author of the Toronto Life cover story “The Skin I’m In” about police discrimination against black men won the National Magazine Award's Gold medal for Best New Magazine Writer. Desmond has a bi-weekly column in the Toronto Star and a weekly radio show on News Talk 1010. And he was also the inaugural co-host CanadaLand Commons...... So in the wake of yet another high profile death of a black man at the hands of the police - this time in Ottawa - we sat down to talk with Desmond about police accountability and transparency. In late July Abdirahman Abdi died in police custody. According to eye witnesses Ottawa police officers beat a hand cuffed Abdi and stood by as he died face down in a pool of his own blood. The police did not administer CPR - instead they tried to confiscate cell phones from bystanders who were taking video. Abdi was unaramed. He was also black. Ottawa's mayor Jim Watson remaned silent for 48 hours (he was on vacation). And since then the mayor has attracted justifiable criticism for backing the police and shouting down those who demand increased police accountability and transparency. Last week, on twitter, mayor Watson blocked Desmond Cole for this:
Watson said Cole has called him name. That was a lie. Strangely I have called Watson names but only after he says stuff like this:
So there was lots to talk about. 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 | |||
| 19 Sep 2016 | Vader Verdict, Cameras in Court, and Zombie Laws | 01:09:05 | |
So episode 47 - 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? On September 15, 2016 an Alberta judge found Travis Vader guilty of the second degree murder of retired couple Lyle and Marie MaCann. Then the internet blew up - at least the legal corner that I live in. The verdict was televised - a controversial rarity in Canadian courts - and on live TV the judge made a massive mistake. Vader was found guilty based on a criminal law that has been unconstitutional and of no force or effect for a quarter century. This week we discuss the Vader verdict and the glaring judicial error. We also dive into the issue of cameras in court and throw some shade at the government for leaving zombie laws on the books. Law, Politics, and Murder - oh my! Check out the decision here: R. Vader. Ironically the copy made available by some media outlets is missing page 126. The page where the judge makes his mistake! So much for educating the public. Here is the missing page: Read this: Peter Sankoff on the Travis Vader verdict and Canada’s zombie laws, "Surely, Parliament can do more to repair our most important criminal law statute, and killing off dead clauses would be an obvious place to start." And watch Steven Penny's full Interview with Global and Sankoff's full inter view with CBC - and yes Peter does look like a kick ass super villain. Be sure to read Ian Hanomansing's piece on the legal profession's irrational resistance to recording court proceedings. 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 | |||
| 24 Oct 2016 | New Houses, Strange Cases, and Victim Fines | 01:04:49 | |
So episode 48 - 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. It has been a long time. Let's catch up: a new house, a new job, a day at Parliament Hill - oh and we put together too much IKEA furnature. No better time to discuss two strange local cases: an accused who seems to literally shit gold and the micro penis defence. We also break down the new Liberal legislation that will roll back the prior Conservative government's changes to the victim fine surcharge. The Conservatives made the surcharge mandatory. The Liberals' bill restores the judge's discretion to impose a fair surcharge - no more bad breaking fines for the homeless. A simple legislative change..... that took a year. Links and junk: My iPolitics piece on private members' bills: The Liberals say they have big plans for criminal law. So where are they? And the response: Because it's the right thing to do: MP Fragiskatos fires back over torture bill And my testimony on torture and impaired driving: BILL C-242, an act to amend the Criminal Code (inflicting torture) (House 2016) Bill C-226, An Act to amend the Criminal Code (offences in relation to conveyances) and the Criminal Records Act and to make consequential amendments to other Acts (Impaired Driving) (House 2016). And my op-ed: Criminal defence lawyers oil the machinery of justice, and we pay for that privilege. 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 | |||
| 03 Nov 2016 | A New Judge, Racist Police, and Solitary Confinement | 01:08:13 | |
So episode 49 - 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 new Supreme Court judge - his name is Malcolm Rowe and he seems pretty adorable. He is also an old white guy and his appointment was not without some controversy. The Liberal government has talked about a new era of transparency in the appointment process but all seemed more like a dog and pony show. Emilie was there to watch it all go down. In less awesome - but totally not surprising news - the Ottawa police are racist. Well they might just be systemically racist - but that is still pretty bad. Worse was the official response to a new study showing that visible minorities are pulled over more than their white counterparts - usually for no reason. We check out the study and throw some shade. In even less awesome news it turns out that Canadian jails are torturing inmates. They call it 'segregation' - 1,500 days alone, in a small jail cell, with the lights on a 24 hours a day - so ya - its torture. We check in on the troubling and heartbreaking case of Adam Capay. This is only the tip of the iceberg. Oh and as promised - happy Halloween!! 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 | |||
| 29 Nov 2016 | The Government in your Bedroom | 00:49:13 | |
So episode 50 - 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. Today we talk about the CSIS data spying and lying to the court, the RCMP's power grab, and anal intercourse... yep the government in your bedroom. The Federal Court slammed CSIS for retaining massive amount of information secretly obtained from people who are not suspected of committing any crime. Big bother is watching - read the courts decision here. - and - The RCMP wants even more power and is using the media to scare Canadian's into handing over that power. I wrote about it for iPolitics. - and - Anal intercourse. It is illegal in Canada - well not really - but it is still in the Criminal Code. The Liberals plan to repeal the unconstitutional law - but it is the lowest hanging fruit. We wonder why the Liberal government is lacking leadership when it comes to Criminal Code reforms. 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 | |||
| 08 Dec 2016 | Renu Mandhane: Ontario's chief human rights commissioner | 00:59:30 | |
So episode 51 - 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 we sat down with Renu Mandhane - the Chief Commissioner of the Ontario Human Rights Commission to talk about... well.... human rights. Renu Mundane and the Human Rights Commission have been a leading voice against the deeply troubling practices of solitary confinement and racial profiling. Mandhane and the Commission exposed the horrific case of Adam Capay - a young native man who spend over 4 years in solitary confinement. They were also instrumental in the Ottawa Police Services' Traffic Stop Race Data Project - which showed that the Ottawa police were stopping visible minorities at a disproportional rate (and for no reason). Mandhane is articulate, passionate, intelegent, and a fierce advocate - in other words our kind of people. 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 | |||
| 11 Jan 2017 | Live From OttawaU: Plea Bargains - A deal with the Devil? | 01:24:55 | |
So episode 52 - 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. A busy month at podcast headquarters here. Emilie won her case at the Federal Court of Appeal! Last year Emilie ran in the general election for NDP in Ottawa-Vanier. Emilie was a federal prosecutor (and a really good one) - but the Public Service Commission (her bosses) would not let her run in the election. So Emilie quit her job and ran in the election anyway. Then she sued the government (Taman v. Canada) so other public servants would not have to chose between their jobs and their constitutional rights - and she won! Emilie is running again as the NDP's candidate in Ottawa-Vanier in this years bi-election. You can check out her Facebook page for more info. Our little podcast also crossed the 200,000 download mark - yikes and thanks - and we won a coveted Clawbie award for best Canadian legal podcast. To open 2017 we recorded our first episode in front of a live studio audience at the University of Ottawa. Plea bargains have turned into a bit of a dirty word. The public is often concerned about what can be perceived as a deal with the devil. But in reality plea bargains are often more unfair to an accused than to the state. The power imbalance between the machinery of the justice system and a single accused can be overwhelming. Often guilty pleas are far from voluntary - an innocent accused may be tempted to take a plea deal to avoid minimum sentence, to get out of hellish jail conditions, or to be reunited with their families. Plea bargaining is an ethical quagmire for both prosecutors and defence lawyers. So lets shine some light into a dark corner of the justice system and talk about it. 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 | |||
| 13 Feb 2017 | The Future of Canada | 01:20:20 | |
So episode 53 - 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. A very Special episode this week. The awesome Emilie Taman is running for the NDP in the soon-to-be announced federal by-election in Ottawa-Vanier. Emilie will be a fantastic member of parliament. Lets start with the obvious: she is super smart, hard working, principled, and deeply committed to justice and fairness. But I think most importantly she is a consensus builder who makes instant connections with everyone she meets - she always makes the right decision for the right reason. In a climate of political cynicism and broken promises Emilie is exactly with our parliament needs. Last week Emilie and Louise Arbour (yes - former Supreme Court judge, UN High Commissioner for Human Rights, and friend of the podcast) sat down with a roomful of students from Ottawa University to talk about some really important issues: electoral reform, the vibrancy of our democracy, feminism, the environment, immigration, and the refugee crisis. It was fantastic. And I was there to recorded it. If you want to follow Emilie's campaign you can keep up to date here: Twitter: @emilietaman Facebook: https://www.facebook.com/EmilieTamanNDP 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 | |||
| 02 Mar 2017 | Politicians playing politics with Justice | 01:02:07 | |
So episode 54 - 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. With Emilie on campaign trial award winning blogger and friend of the podcast Anne-Marie McElroy jumps into the void. We chat about the ill-informed political push to eliminate the preliminary hearing to speed up trials. Then Emilie stops by to confront her temporary replacement. Then we move on to more politics and the justice system - this time the Conservatives be all Conservative and misrepresent some facts about the justice system. The cases is graphic and tragic - Vincent Li beheaded a man on a bus. He was found to be not criminally responsible due to his mental health issues and 10 years later was found to not pose a risk to the public. But the Conservative omitted those details from their talking points. The Liberals and Justin Trudeau also neglected to talk about important mental health issues - so we did. Finally we discuss collect call rates in our jails - in a word they are the most price gougiest rates that ever gouged a price. Links: CBC's story on the collect jail calls: Province gets 'kickback' from inmates' collect calls, lawyer says Watch my CBC interview here: Lawyer Michael Spratt on the problems with Ontario inmate calls Listen to my interview with CBC Radio here: Jail Phone Charges Watch Anne-Marie on Power on politics on the preliminary inquiry here: Should preliminary hearings be scrapped? Listen to me on CBC's As It Happens here: 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. If you want to follow Emilie's campaign you can keep up to date here: Twitter: @emilietaman Facebook: https://www.facebook.com/EmilieTamanNDP If you like show spread the word. Enjoy | |||
| 18 Apr 2017 | Pot Politics | 01:22:10 | |
So episode 55 - 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. Emilie Taman returns! This week we talk about the Liberal government's new marijuana legislation. But it is not just pot that gets a legislative makeover. The government has adopted the contents of an old Conservative bill that will radically change alcohol impaired driving. We also dive into some Jordan fall out - what is the government doing about court delays? Is it really a problem - turns out maybe not. Is the Supreme Court's Jordan decision being used as a criminal justice Trojan horse? All that and so so much more.... Links: Bill C-45: Cannabis Act Bill C-46: Impaired driving legislation Michael's submissions on Conservative bill C-226 - much of which applied to C-46. Michael's op-ed in Canadian Lawyer: Broken pot promise would send Liberals’ credibility up in smoke Toronto Star: Fears of widespread trial dismissals not borne out, says law professor 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 | |||
| 02 Jun 2017 | JJJ: Juries, Judgements, and Jails | 00:53:16 | |
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 | |||
| 08 Jun 2017 | Remanding the Victim | 01:09:31 | |
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 | |||
| 04 Jul 2017 | Supreme Court Speculation and Senate Report on Court Delays | 01:15:14 | |
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 | |||
| 17 Jul 2017 | Omar Khadr | 01:24:01 | |
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 | |||
| 04 Aug 2017 | Erin O'Toole on Omar Khadr | 00:57:48 | |
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 | |||
| 08 Aug 2017 | Trinity Western University and the Supreme Court | 01:03:14 | |
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 | |||
| 14 Sep 2017 | Marijuana legalization and Back to School Advice | 00:55:57 | |
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 | |||
| 27 Sep 2017 | Opioids and Harm Prevention with Leila Attar | 00:42:39 | |
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 | |||
| 11 Oct 2017 | Drunk Canoeing and other Stupid laws, Who is the best judge ever, and R. v Suter: with "friend" of the podcast Peter Sankoff | 01:17:59 | |
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 | |||
| 03 Nov 2017 | Sexual Assault Myths and Ontario's New Bail Policy | 00:58:27 | |
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 | |||
| 13 Nov 2017 | You Are Tearing Me Apart Lisa! | 01:16:05 | |
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. | |||
| 25 Nov 2017 | A Renowned Lawyer | 00:59:08 | |
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. | |||
| 30 Nov 2017 | Who is that new Supreme Court Judge? | 00:57:44 | |
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. | |||
| 12 Dec 2017 | No Warrant, No Text Messages | 01:13:54 | |
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. | |||
| 02 Jan 2018 | The Docket's Year year end Extravaganza | 01:14:08 | |
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. | |||
| 05 Feb 2018 | #MeToo and the Law | 01:14:57 | |
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. | |||
| 12 Feb 2018 | Gerald Stanley, Colten Boushie, and Justice | 01:07:26 | |
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 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. | |||
| 23 Mar 2018 | Tina Fontaine, Arresting Journalists, and Fishy Crime Stats | 00:59:06 | |
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. | |||
| 03 Apr 2018 | Bold Justice Reform? | 01:16:36 | |
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.... | |||
| 10 May 2018 | Hockey Licks and A Broken Extradition System | 01:05:15 | |
Special Note: 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. | |||
| 29 May 2018 | Omnibus Legislation and Supreme Court Embargoes | 00:52:05 | |
We tried to keep it short this week. We failed. But who could blame us - I mean we were talking about Budget implementation bills. More than a year ago, Prime Minister Justin Trudeau stood in the House of Commons and spoke some truths about omnibus legislation. He said that, for many years, the previous government used omnibus legislation as a way of avoiding debate. He complained that the Harper Conservatives would “put everything into a piece of legislation, whether it had links to it or not.” Trudeau was right. Omnibus bills were abused by the Harper government to the detriment of democracy. Omnibus legislation too often leads to a divisive all-or-nothing approach to the legislative process. This is especially true because when legislation is overbroad, filled with unconnected amendments and unfocused, debate is difficult and evidenced-based study is next to impossible. So, we did not even bother to read bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures because why on earth would a bill all about implementing the budget include any substantive amendments to the Criminal Code? However, bill C-74 does just that and the brand new criminal law is buried on page 527 of the 556-page bill. The amendment was so well hidden that even Liberal MPs sitting on the House of Commons Finance Committee, which is currently studying the bill, were caught by surprise. In addition to implementing the budget, the bill amends the Criminal Code to allow corporations to buy their way out of a criminal conviction. This new legal loophole is called a remediation agreement. It would work something like this. Step one: A corporation engages in a criminal activity such as a massive fraud or conspiracy. Step two: The corporation is caught and charged criminally. Step three: The prosecutor reviews the file and determines that there is a reasonable prospect of conviction. Step four: If the corporation agrees that it committed a crime and pays back all of the ill-gotten profits, then the prosecutor can ask the court to drop all criminal charges. So we do what parliament won't be able to do - study the new criminal code amendment. But before we do that we talk about the 50-year embargo on Supreme Court documents - too long? Some former Supreme Court judges think so, | |||
| 11 Jun 2018 | Minimum Sentences with Senator Kim Pate | 01:04:34 | |
This episode we open with a discussion of an important op-ed written by Amanda Byrd. Byrd, a law student, spent hundreds of hours preparing for a moot court. When she got there, she was told to smile more. Courtroom demeanour is important but critics based on appearance are very unhelpful and smack of sexism. We then dive into the mandatory minimum sentence debate. The Liberal government promised to reform these out-dated, unfair, and counterproductive sentencing straightjackest - but they have not lifted a finger to make good on their promise. So Senator Kim Pate has stepped up to the plate and introduced legislation to restore judicial discretion. Bill S-251 is an ambitious bill that will give court a safety valve to depart from any minimum sentence - including murder. Huge thanks to Kim Pate for inviting us into her office to talk about her very important and principled bill. | |||
| 19 Jun 2018 | The Staircase Aftershow - Chapter 1: Crime or Accident | 00:47:45 | |
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. In December 2001, novelist Michael Peterson called 911 to report that his wife Kathleen had fallen down a narrow twisting set of stairs and died. The prosecution and police did not believe it was an accident and soon Peterson found himself charged with his wife murder. The trial that follows was one of the most bizarre, prejudicial, and high profile court cases of the century. And now the 2004 French television miniseries by Jean-Xavier de Lestrade documenting the trial of Michael Peterson is available on Netflix - with 3 new bonus episodes. 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 1: Crime or Accident, we look at the role that wealth and privilege plays in Peterson's defence, discuss police tunnel vision, and give our initial impressions on the investigation. We are going to try to keep each podcast spoiler free about what follows but what quickly emerges is a story about how the presumption of innocence is constantly under attack by police and District Attorneys intent on securing a conviction at all costs. Ultimately, The Staircase is about every accused person in the United States, Canada, or anywhere. It’s about what it’s like to be confronted by the full resources of the State when your life hangs in the ballance. | |||
| 27 Jun 2018 | The Staircase Aftershow - Chapter 2: Secrets and Lies | 00:57:42 | |
In Chapter 2: Secrets and Lies we look at the role bad character evidence can play in a trial. In Peterson's case the prosecution made the most tenuous of links between Peterson's sexuality and a motive to commit murder. The prosecution's theory was pretty speculative and it was way prejudicial. But maybe that is what the prosecution was counting on. We also look at the initial stages of trial preparation - identifying the facts, testing your presentation, and getting your client ready to testify. And Peterson also comes to the realization: the poor don't stand a chance in the justice system. | |||
| 04 Jul 2018 | The Staircase Aftershow - Chapter 3: A Striking Coincidence | 00:42:19 | |
In Chapter 3: A Striking Coincidence we look at some breaking news - there was another staircase death! The prosecution sets the stage for a similar fact application. What is similar fact, when is it admissible, and would this fly in Canada? Spoiler Alert: prejudice destroys probative value in this fight. | |||
| 17 Jul 2018 | The Staircase Aftershow - Chapter 4: A Prosecution Trickery | 00:52:53 | |
In Chapter 4: A Prosecution Trickery the Peterson defence team receives a fax (and yes faxes are still a thing) of the prosecution's autopsy report on Elizabeth Ratliff. And surprise surprise the State's pathologist not only determined that the death was not due to natural causes but went on to find the the cause of death was a "homicidal attack". Not only did the defence team receive the pathology report two weeks before the trial was to begin, and not only was the report released to the media to poison the jury pool, but the prosecution refuses to seek an admissibility ruling on the tainted but damning evidence. Its trial by ambush and David Rudolph is pissed. This episode we look at the prosecution's tactics, discuss the rules and strategy for opening statements, and debate gammer - is it banker's boxes or bankers boxes? | |||
| 25 Jul 2018 | The Staircase Aftershow - Special Guest: David Rudolf | 00:43:00 | |
This episode we have a special guest - the man himself - criminal defence legend - David Rudolf. David Rudolf stopped by The Docket to talk to us about defending one of the most high profile cases in modern history. We picked Rudolf's brain about trial strategy, procedural irregularities, and the emotional toll the Michael Peterson case took on him. It was a fascinating talk with a truly inspirational defence lawyer. All your questions will be answered: Were Judge Hudson's ruling really so short? Was the documentary a fair representation of what happened in court? And how did Rudolf end up as Michael Peterson's lawyer? A huge thanks to David Rudolf for his generosity and his time! | |||
| 02 Aug 2018 | The Staircase Aftershow - Chapter 5: A Weak Case | 00:43:49 | |
In Chapter 5: A Weak Case we finally get to the good stuff - the trial. Michael Peterson's lawyer David Rudolf dismantles the prosecutions case and the defence calls into question the integrity of the evidence - a fact that impacts the validity of any blood spatter analysis. Then we meet Dwayne Deavers - the State's blood spatter expert. Except Deavers fudged his experiments and seeming had a hand in a exculpitory report that was never given to Peterson. It is amazing to see Rudolf map-out and then execute his cross-examinations. The witnesses never see it coming - until 257 medical reports in a dozen binders are dropped on their lap. Oh - the media is still terrible and the lawyers still have not learned to standup when asking questions. | |||
| 16 Aug 2018 | The Staircase Aftershow - Chapter 6: The Prosecution's Revenge | 00:45:59 | |
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? | |||
| 27 Aug 2018 | The Staircase Aftershow - Chapter 7: The Blow Poke Returns | 00:52:53 | |
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. | |||
| 05 Sep 2018 | Is the defence of extreme intoxication in sexual-assault cases back? | 01:00:46 | |
Is the defence of extreme intoxication in sexual-assault cases back? 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. 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. | |||
| 12 Sep 2018 | Notwithstanding Doug Ford | 01:03:11 | |
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. | |||
| 01 Oct 2018 | The Staircase Aftershow - Chapter 8: The Verdict | 00:42:03 | |
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. | |||
| 02 Nov 2018 | Bradley Barton and Brett Kavanaugh | 01:14:15 | |
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! | |||
| 19 Nov 2018 | Twitter lawsuit, Scheer lunacy, and Pro Bono Ontario | 00:58:28 | |
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. Emilie Taman on Twitter: @EmilieTaman Michael Spratt on Twitter: @mspratt If you like show spread the word. Enjoy | |||
| 03 Dec 2018 | The Best Fictional Lawyer, Criminology Research, and HIV Policy | 01:05:33 | |
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. | |||
| 17 Dec 2018 | Victim Fine Surcharge | 00:58:20 | |
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. | |||
| 09 Jan 2019 | Louise Arbour on the UN Global Compact on Migration | 01:30:04 | |
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. | |||
| 29 Jan 2019 | Cabinet Shuffle Comes For Justice | 00:47:44 | |
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 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. | |||
| 08 Feb 2019 | Ottawa Police Trial and Special Guest Emily O'Brien | 00:58:12 | |
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. | |||
| 19 Feb 2019 | SNC Lavalin | 01:26:52 | |
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. | |||
| 25 Feb 2019 | SNC Lavalin (Part 2), Peeping Teachers, and Pardons | 01:22:33 | |
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. | |||
| 04 Mar 2019 | SNC Lavalin - Jobs, Jobs, Jobs and other Liberal talking points | 01:20:49 | |
So episode 89 - a new record. 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. | |||
| 07 Mar 2019 | SNC-Lavalin - I am not going to call that liar a liar edition | 01:17:44 | |
So episode 90 - a new record. 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. 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. | |||
| 24 Mar 2019 | SNC updates, Unconstitutional laws, and the Humboldt sentencing | 00:52:37 | |
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. | |||
| 08 Apr 2019 | SNC-Lavalin - Please Make It Stop! | 00:55:22 | |
So episode 92 - a new record. 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). | |||
| 19 Apr 2019 | Immigration Unfairness | 01:01:17 | |
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). | |||
| 09 May 2019 | Back to High School | 01:00:41 | |
So episode 94 - a new record. But you know that right? Because you subscribe to the podcast - right? You should. 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. 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 Enjoy | |||
| 11 Jun 2019 | MMIWG Report | 00:54:16 | |
So episode 95 - a new record. But you know that right? Because you have already rated and reviewed the podcast - right? You should. It has been a hard couple of weeks. It is difficult to look in the mirror and confront racism and bias. But is is the only way to confront our countries deplorable, and on going, racism. The final report of the Inquiry into Murdered and missing Indigenous Women and Girls was released last week. It was heartbreaking but also a breath of fresh air. The report opened with a bombshell - Canada is responsible for genocide against Indigenous people. Its true. Some may recoils in self defence but its true. This episode, we look at the MMIWG final report, the use of the word genocide, and the Inquires calls to justice. We also talk about two separate Supreme Court decisions (Barton and Le), released in the days leading up the the MMIWG report, both decisions paint a picture of systemic racism in the justice system. 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 | |||
| 06 Aug 2019 | Summer Baseball and Politics | 00:49:27 | |
So episode 96 - a new record. But you know that right? Because you have already rated and reviewed the podcast - right? You should. In the dog days of summer, as politicians hit the BBQ circuit, there Is nothing better to talk about than baseball and politics. We lead off with a dissection of Elizabeth May’s strange ideas about the possibility of the government directing a judge to sentence SNC-Lavalin to do free work on indigenous water projects. The leader of the Green Party may not have thought this one through since she seems to be advocating the same political interference that she railed against a few short months ago. And then there is the practical problem. Even if SNC was sentenced to community service do we really want them overseeing the necessary upgrades indigenous communities desperately need to their water systems? Not so much. Then is it on to the victim fine surcharge constitutional challenge 2.0. In 2018 the Supreme Court ruled that mandatory victim fines were unconstitutional and struck the law down, describing it as abhorrent and intolerable to society. But what about the millions of dollars of outstanding fine imposed under the cruel, abhorrent, and unconstitutional law? Well that’s why Michael is taking the government to court over the issue. And then baseball. After a huge brawl last week we wonder why players are never charged criminally. The law would never allow grown men to throw punches in normal work places. Why is it ok on the field? And what about pitchers intentionally throwing at batters? Michael wrote about fighting in baseball for Canadian Lawyer Magazine and we go between the chalk to break down the issue.. 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 | |||
| 04 Sep 2019 | Live from the Ottawa Podcast Festival | 00:54:07 | |
So, episode 97 - a new record Last week we were so thrilled to be invited to do a live show at the Ottawa Podcast Festival. It was a great time and there were some truly awesome podcasts in the lineup. And who doesn’t want to talk about SNC-Lavalin and the ethics commissioner at 10:30pm on a Saturday night! This episode we open by talking about the hate incident at Ottawa Pride where a drag queen story time disrupted by anti-LGBTQ protester. The police have not charged the man who disrupted the show with a criminal offence. We wonder why the hell not. We then talk about Doug Ford’s assault on legal aid and what Michael learned through his access to information request. And then we dive into the ethics commissioner’s report on Trudeau’s attempted interference with the justice system in the SNC-Lavalin affair. It was a damning indictment of ethical lapses and some bullshit obfuscation by Trudeau. We have opinions. 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 | |||
| 16 Oct 2019 | Did the Supreme Court say Canadian judges have been too soft on punishment | 00:49:13 | |
So, episode 98 - a new record. But you know that right? Because you subscribe and have already rated and reviewed the podcast - right? You should. With Emilie on the campaign trial - and Oh My Goodness she has been killing it - special guest, former Supreme Court judge, and current mother-in-law Louise Arbour joins Michael and steps up to the mic to break down the latest Supreme Court case. In R. v. Poulin the Supreme Court interprets 11(i) of the Charter - and it is super interesting - we promise! The Globe and Mail reported that the Supreme Court ruled Canadian judges have been too soft on punishment for 30 years. But did the Court really say that? And does the split decision stand up to a critical analysis. Louise pulls no punches and even pulls back the curtains about how she made decisions when she was on Canada’s highest court. 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 | |||
| 02 Dec 2019 | Doug Ford messes with judicial appointments and the Feds take Indigenous kids to court | 00:59:02 | |
So, episode 99 - a new record. Emilie is back! Ontario’s judicial appointments system is not broken, although Ontario Premier Doug Ford’s attorney general, Doug Downey, seems to be trying his best to destroy its credibility. Downey, you see, is attacking the current process because he thinks we should give him more latitude in appointing his preferred judges. Last week on TVO’s The Agenda, Downey let his mask slip. He said he wanted to be able to pick judges who reflect the same values he has. Those values appear to be cruelly cutting legal aid; restricting access to justice; embracing the notwithstanding clause; talking tough on crime; and patronage. This is why Downey and Ford want to fix what is not broken. If it ain’t broke we can only conclude someone wants the fix to be in. And the Federal Liberal government is taking Indigenous kids to court - again. This time the government was seeking a stay of the Canadian Human Rights Tribunal decision that ordered Canada to pay compensation to individuals affected by Canada’s discriminatory child and family services funding practices. The government lost its bid to delay compliance with the order. In the Courts words this could have “resulted in an even longer period of time to wait for the individuals who are expecting compensation.” The Government’s appeal and continued litigation is pretty disgusting - so expect some fireworks. 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 | |||
| 27 Dec 2019 | SNC is Guilty and the Dougs Drop a Lump of Coal | 01:05:16 | |
So, episode 100 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. The Docket is 100 episodes old! Thank-you so much for all your support over the years. On this last episode of the year we take a look at the SNC-Lavalin guilty plea. It seems that the politicians and their media surrogates still don’t get what this whole scandal was all about. Good think we are here to break down the whole debacle! And then we move on to the double Ds - Doug Ford and Doug Downey - who were all smiles this week when they introduced their signature justice legislation, the Smarter and Stronger Justice Act, billing it as a fix for Ontario's complex and outdated justice system. They said it would improve legal aid services and enhance access to justice, but it turns out that the bill does neither of these things and in the end it is really just another way to break Ontario’s legal aid system. And that’s a wrap on 2019. Emilie and I hope everyone has a great holiday season. 2020 looks like it is going to be just as busy and hectic as 2019 was - and we will be here to talk about it all. Remember: 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 | |||
| 23 Jan 2020 | The Last Word on SNC and Inhumane Jails | 00:58:29 | |
So, episode 101 - 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 is the last time we will ever talk about SNC - we promise. But we had to say a final few words after our confidential source sent us the SNC decision. And boy, were we disappointed. No victim impact statements, no victim fine surcharge, and well… it was a bit of a mess. But don’t worry we are here to break it all down. And then we talk about Ontario’s jails. Our prisons are Dickensian hellholes - and it seems that the Toronto South Detention Centre is the worst. Last month, in a damning decision, the Ontario Superior Court ruled that conditions at the Toronto South Detention Centre (TSDC) were “inhumane and fail to comport with basic standards of human decency.” But this should be no surprise. Courts have described the Toronto jail as: unacceptable, shocking, deplorable, harsh, oppressive, degrading, disheartening, appalling, Dickensian, regressive and inexcusable. But this time the court went one step further and found that the conditions at the TSDC were a “deliberate policy choice to treat offenders in an inhumane fashion” and that “the Ministry has clearly chosen to save money rather than heed judicial concerns about the lack of humane treatment of inmates.” And with Bell’s ingenious #BellLetsTalk corporate marketing plan making its yearly appearance next week we take another look at how Bell profits of prisoners who suffer from mental illness. 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
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| 06 Mar 2020 | Peter MacKay vs Nathaniel Erskine-Smith | 01:15:20 | |
So, episode 102 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. Its a tale of two politicians. Peter MacKay vs. Nathaniel Erskine Smith. One is smart, principled, hard working, genuine, and a leader. The other is Peter MacKay. We take a look at why MacKay’s record as Minister of Justice proves that he does not have the intellect or integrity to lead. And then we take a closer look at Liberal MP Nathaniel Erskine-Smith’s private members bills - one will decriminalize personal possession of all drugs and the other attempt to increase the use of diversion for drug crimes. But he can only pick one. 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 | |||
| 14 Mar 2020 | Covid-19, Magic Mushrooms, and Conversion Therapy | 01:05:52 | |
So, episode 103 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. Events are moving fast and things may have changed since we recorded but the impact Covid-19 is beginning to be felt in the justice system. Jury trials have been cancelled, jails are slowly waking up to the reality of the situation, and our courts are bracing for chaos. We start with a look at where the justice system is vulnerable and offer some solutions. The magic mushrooms defence? After an Alberta judge acquitted a Calgary man finding that the consumption of hallucinogenic magic mushrooms caused him to be in a state of “extreme intoxication akin to non-insane automatism.” We look at the long history of intoxication defences and ask why is the law such a mess. Finally we take a quick look at the new legislation which seeks to criminalize the reprehensible practice of forced conversion therapy and wonder if there be some constitutional problems on the horizon? 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 | |||
| 27 Mar 2020 | Covid-19 and the Justice System | 00:42:40 | |
So, episode 104 - a new record. But you know that right? Because you subscribe to the show 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! Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me to editing the podcast at work! Events are moving fast and things may have changed since we recorded but the impact COVID-19 is beginning to be felt in the justice system. This week we talk about how the justice system is trying to adapt to the new reality of a post COVID-19 world. There have been lots of problems but COVID-19 has done what countless committees, subcommittees, working groups and test projects have failed to do: drag a reluctant justice system into the modern age. But boy, there are some growing pains. And as usual, we talk about the politics and practical realities of the current situation. Stay safe. Stay healthy. Remember, you can self-isolate in 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 | |||
| 05 Apr 2020 | Peter Sankoff on his COVID19 Internships | 01:00:23 | |
So, episode 105 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. First things first - sorry about the audio quality. Peter sounds good but your Ottawa hosts sound like we called in from 1920. A small Skype mic error on our end - but hell for a free podcast, not too bad. Making his triumphant return to the podcast it’s Peter freaking Sankoff. We chat about some COVID-19 updates. Peter fills us in on what is happening in law school and the stress that law students are facing in these uncharted times. Most importantly Peter fills us in on his manning #100Interns project and what he is doing to help law students. check out Peter’s twitter feed for details. Donations and applications are welcome and encouraged. We then move on to some substantive law! Peter tells us what it’s like to hold the power of Olympus in his hands when striking down an unconstitutional law - specifically the new law that requires defence disclosure in sexual assault cases. Stay safe. Stay healthy. Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing! Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! Remember, you can self-isolate in 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 | |||
| 18 May 2020 | Gun Laws, COCIV-19, and The Room | 00:54:28 | |
So, episode 106 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. We start with some house keeping. Emilie has a new job working with the awesome human rights and labour lawyer Paul Champ. And, Michael is nominated for Canadian Lawyer’s Top 25 Most Influential of 2020 - you can go vote at Canadian Lawyer. Topic 1: New gun regulations. Following the tragic shooting in Nova Scotia the Liberal government moved to tighten gun regulations. Then, the government misrepresented what they did. And gun nuts and politicians on the right lit their hair on fire. Then they all accused each other of laying politics with tragedy. We tell you why they are all wrong. Topic 2: Tommy Wiseau’s The Room lawsuit. The room, a cult hit, it is the best worst movie ever made. Wiseau tried to sue the maker of the Canadian documentary Room Full of Spoons. His lawsuit flopped worse than his movie did. The Ontario Superior Court was not impressed with Wiseau and ordered he pay $750,000 in damages. The best worst lawsuit ever. Topic 3: Michael airs his court related COVID-19 grievances. Stay safe, everyone! Remember, you can self-isolate in 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 | |||
| 29 May 2020 | Back to High School (again) | 01:06:11 | |
So, episode 107 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. This episode we pay a virtual visit to Mrs. Darling's grade 11 Understanding Canadian Law class at Haliburton Highlands Secondary School to answer some really great legal questions. Is mental illness a valid defence? If you help plan a murder with someone and et in trouble even if you back out? Can you refuse a breathalyzer? What happens if a minor is caught drinking underage? All of the students’ questions were amazing. And we had a blast answering them! But before we jump into the questions we take a quick look at the B.C Superior Court ruling on the double criminality question in the extradition case of Huawei executive Meng Wanzhou. Extradition is a complicated area of law, maybe so complicated that our politicians don’t fully understand it? Remember, you can self-isolate in 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 Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 09 Jun 2020 | Extreme Intoxication, Entrapment, and Police Brutality | 01:16:33 | |
So, episode 108 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. I has been a frustrating week. We start with a discussion about the protests that have swept the world following the tragic murder of George Floyd by the police and the hypocrisy of politicians. Speaking of politicians, we move on to talk about the misrepresentations about a recent Ontario Court of Appeal case that found the Criminal Code’ prohibition on the defence of extreme intoxication unconstitutional. It all started with headlines that falsely claimed that the Court of Appeal ruled that being drunk was a defence to sexual assault. The NDP started a petition, and again misrepresented the issue. The issue is complicated. The constitutional considerations are intricate. And sexual violence is a big problem. But misrepresentations can do damage - so we break it all down. We end thing off taking about a recent Supreme Court of Canada case on dial-a-dop entrapment schemes. Should police detect crimes or create them? Remember, you can self-isolate in 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 Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing! And we have a new sponsor - listen carefully for an important message from good friend of the podcast Peter Sankoff. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 28 Jun 2020 | Can the Government Halt the Meng Extradition and Should They | 01:23:15 | |
So, episode 109 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. For the past year the Canadian government and Minister of Justice David Lametti have been clear that they don’t have the power to stop the extradition proceedings against Huawei’s chief financial officer Meng Wanzhou. “Canada has an independent judicial system that functions without interference or override by politicians,” Trudeau told reporters during one of his daily press conferences on COVID-19. The Department of Justice told investigative journalist Justin Ling that "the Minister does not personally make any decisions related to an extradition proceeding until and unless the judge commits the person for extradition." And David Lametti told the Toronto Star that he could not politicize the legal process, “as a matter of a political decision, created what I think is an excellent process, which is to say a section in the government will treat this [Meng] case neutrally as it runs through the courts, and the minister of justice will not have any say in the matter.” But, the recent release of a legal opinion provided to the government by criminal lawyer and extradition expert Brian Greenspan, supported by Allan Rock, a former Liberal justice minister, and by former Supreme Court justice Louise Arbour, among others, persuasively exposes the government’s prevarications about their authority and powers in the Meng case. This episode we sit down with Brian Greenspan to talk about is legal opinion and discuss why the government is wrong when it says it can’t act and talk about why they maybe should Remember, you can self-isolate in The Docket’s Discord chatroom. Remember, you can join the Discord channel, take part in the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing! Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 02 Aug 2020 | WE Scandal and an Interview with Nader Hasan | 01:17:40 | |
So, episode 110 - a new record. But you know that right? Because you 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! Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! It is time to talk about the WE scandal, so we break down some highlights from Trudeau’s testimony before the Finance Committee. Then we are joined by legal superstar Nader Hasan to talk about his most recent case where the Ontario Court of Appeal struck down Steven Harper’s restrictions on the availability conditional (house arrest) sentences, Yep, another Harper law bites the dust. Remember, you can self-isolate in 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 | |||
| 15 Aug 2020 | Andrew Coyne on government ethics | 01:02:32 | |
So, episode 111 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. It is time to talk about government ethics. From Duffy, to the Aga Khan, to SNC Lavalin, to WE - why all the scandals? Are there legislative fixes to be fund in the Ethics Act, or the Lobbying Act, or the Criminal Code? Is this all normal? This episode we are joined one of our favourite pundits and columnists Andrew Coyne (13:20) to look at Ottawa and its problems wit ethics. Remember, you can self-isolate in 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 Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing! Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 21 Sep 2020 | Tony Doob on solitary confinement | 01:30:00 | |
So, episode 112 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. Before we jump into our interview with professor Anthony Doob we take a moment to remember United States Supreme Court Judge Ruth Bader Ginsburg and talk about what will be a contentious confirmation process for the next Trump Supreme Court appointment. Also, it seems like Mike won some awards - being named the Best Lawyer and being recognized by Canadian Lawyer magazine as one of the top 25 most influential lawyers in Canada! Then on the the interview put interview with professor Doob. Anthony Doob is an important voice in the criminal justice debate. Professor emeritus and a long-serving director of the Centre of Criminology at the University of Toronto, he is highly regarded for his research into our justice system. Last year, Doob was appointed as chair of the panel of independent researchers appointed to review reforms to solitary confinement in Canada’s prisons. There was no review because corrections refused to provide the panel with any data. Then Doob when public…. P.S. Listen to the end for some bonus talk on minimum sentence and pardon reform! Remember, you can self-isolate in 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 Finally, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 25 Oct 2020 | Another Minimum Sentence Bites the Dust | 00:55:00 | |
So, episode 113 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. It happened again. Another minimum sentence was found unconstitutional. This time, in a case before Ontario Court Justice six women from the Pikangikum First Nation pleaded guilty to impaired-driving offences, and in a joint hearing, brought a constitutional challenge to minimum jail sentences because, in practical terms, they couldn’t serve them on weekends, as other people do. The jail was too far away from the remote First Nation. You can read the decision here: R. v. Turtle, 2020 ONCJ 429 The federal government promised to reform Canada’s minimum sentence laws, but since they first made the promise in 2015, they have done nothing. We better not let Joe Biden beat us to the punch! And then we talk about the wrongful conviction of Guy Paul Morin. Last week the Toronto Police announced that they solved one of Canada’s most troubling wrongful conviction cases, the 1984 killing of nine-year-old Christine Jessop. It was a backslapping press conference that glossed over the police and Crown’s role in once of Canada’s worst miscarriage of justice. The police don’t want to talk about it, so we will. You can read Justice Kaufman’s report on the wrongful conviction here: Report of the Kaufman Commission on Proceedings Involving Guy Paul Morin Remember, you can self-isolate in 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 Also a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 10 Jan 2021 | Prisons should be prioritized in COVID vaccinations | 00:31:27 | |
So, episode 114 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. A huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! We are trying a new format over here at the Taman/Spratt studios - a shorter podcast in your feed every two weeks - like clockwork! So on to the show… Last week Conservative Party leader Erin O’Tool tweeted that “Not one criminal should be vaccinated ahead of any vulnerable Canadian or front-line health worker.” O’Toole’s latest populist gambit is the perfect dog whistle to the tough-on-crime crowd. Unfortunately throwing away the health and lives of people in jail has real world consequences. As reported in Vice by Justin Ling, The COVID-19 outbreak in Canada’s prisons has been catastrophic. And as prouder Lisa Kerr explains in the Globe and Mail, O’Toole’s promise to put prisoners last will cost lives and make our communities more dangerous. I wonder who O’Toole thinks should be second last to get the vaccine? I wonder where you are on his list? Remember, you can self-isolate in 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 | |||
| 24 Jan 2021 | Media Literacy and Criminal Law | 00:39:52 | |
So, episode 115 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. We are trying a new format over here at the Taman/Spratt studios - a shorter podcast in your feed every two weeks - like clockwork! So on to the show… There is bad reporting and then there is the MacLeans Magazine piece on the Sullivan and Chan case about the defence of self induced intoxication. After the Ontario Court of Appeal found the Criminal Code’s prohibition on the defence of extreme intoxication unconstitutional there was lots of misinformation and poor reporting, with some going as far as calling it a get-out-of-jail-free card for rapists. We discussed the legal issues way back on episode 108. And then MacLeans tried to take a deep dive into those complex constitutional, legal, and political waters. It was a belly flop. So, this episode we set the record straight and beg reporters to give us a call before your work hits the printing press. Remember, you can self-isolate in 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 And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 08 Feb 2021 | The Justice Minister's new mandate | 00:46:32 | |
So, episode 116 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. We are trying a new format over here at the Taman/Spratt studios - a shorter podcast in your feed every two weeks - like clockwork! So on to the show… The Justice Minister has new a new mandate and with it a new supplementary mandate letter. This episode we look at David Lametti’s new marching orders and wonder, if this time will he actually follow through on them? But before we do that…. Canadian Lawyer published a bigoted transphobic opinion piece on Friday. There was an immediate backlash. Canadian Lawyer has since removed the piece because it “did not reflect the views of Canadian Lawyer Magazine.” But we need discuss how this happened. Sunlight is the best disinfectant. Remember, you can self-isolate in 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 And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 22 Feb 2021 | Grading the New Justice Bill | 00:53:34 | |
So, episode 117 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. We are trying a new format over here at the Taman/Spratt studios - a shorter podcast in your feed every two weeks - like clockwork! So on to the show… Well, there is a new justice bill. Justice minister David Lametti says that the government recognizes that there is systemic racism in Canada’s criminal justice system and that the new legislation would ensure courts can “continue to impose tough sentences on violent and serious crimes without the disproportionate impact on Indigenous peoples, as well as Black Canadians and members of marginalized communities.” But does the new bill really do all that? We grade all the parts of the new bill. A, B, C, D, or F. Lately, if you want make a a tax-deductible contribution to the Joseph Arvay Legacy Fund visit: https://extrweb.uvic.ca/donate-online/joseph-arvay-legacy-fund Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 01 Mar 2021 | Life and Death of Decriminalization | 00:56:40 | |
So, episode 118 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. We are trying a new format over here at the Taman/Spratt studios - a shorter podcast in your feed every two weeks - like clockwork! So on to the show… There are some positives in the government’s new justice bill - but a huge problem is the government’s response Canada’s deadly opioid epidemic. Where experts have recommended the decriminalization of drugs, the government is doubling down on diversion. First, we hear from Tanya, who lost her brother to an overdose. Her tragic story highlights some of the major problems with the government’s diversion approach to addiction. And then we talk with professor Daniel Bear about Bill C-22 and why we need to decriminalize all drugs now. Bear is a drug policy researcher and Professor of Criminal Justice at Humber College. His work focuses on drugs policy, with an emphasis on both cannabis, harm reduction, and community policing practices. He is the type of expert the government should be listening to. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 07 Mar 2021 | Translating Criminal Law with Peter and Penny Sankoff | 00:52:16 | |
So, episode 119 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. This episode, we are joined by good friend of the podcast™️ Peter Sankoff AND best friend of the podcast Penny Sankoff to talk about their new father-daughter pod Translating Criminal Law: Rated G. What do you get when a law professor and his 11 year old daughter explore what the criminal law actually does? A great podcast. Stick around to listed to their third episode where Peter and Penny discuss the presumption of innocence and Penny tells Peter about how to run a fan page. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 26 Mar 2021 | Doug Ford Stacking the Court | 00:46:09 | |
So, episode 120 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. Only a few days late, but there has been some COVID chaos at the Docket recording studio. We are all well, but one of us is on COVID house arrest. This episode we talk about the latest attempts by Doug Ford and Doug Downey to change the way Ontario appoints judges - the Double Ds want to make it easier to appoint their friends. And then we circle back to the tragic death of Colten Boushie, the young Indiginous man killed by Gerald Stanley. Following Stanley’s acquittal, the Boushie family launched a civil lawsuit against the RCMP and made a complaint to the RCMP oversight body, the Civilian Review and Complaints Commission (CRCC). This week the CRCC released its report into those complaints, concluding that the RCMP engaged in racial discrimination and illegal conduct But even more troubling is that it seems the RCMP destroyed evidence and maybe even obstructed justice. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 06 Apr 2021 | Prosecuting the Victim | 00:40:17 | |
So, episode 121 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. I have never been so mad. So mad that I might have forgot to turn on the mic, so apologies if the recording quality is a bit meh. Why so mad? An Ontario woman, who was the victim of a sexual assault, was arrested and prosecuted for violating a court order publication ban designed to protect her. Her crime? She emailed a copy of the court decision to a few friends and family members. Now she is a victim with a criminal record. In March, as first reported by Gordon Paul of the Waterloo Region Record and then later amplified by the Toronto Star, the woman pleaded guilty to violating a court order and was ordered by a judge to pay a fine of $2,000 plus an additional $600 victim surcharge. It is inexcusable that the woman’s lawyer plead her guilty and agreed to the imposition for a criminal record. It is disgusting that the Crown prosecuted her and asked for the imposition of a record. It is shocking that the police actually arrested her. It is all so so so bad. This is what made us so mad. So buckle up, this is going to be a bumpy ride…. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 19 Apr 2021 | Ford's Pandemic Police State | 00:44:34 | |
So, episode 122 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. After months of ignoring the warnings of experts, Doug Ford, Ontario’s murder clown Premier, finally decided to take some steps to deal with the growing third wave of the COVID pandemic. But he did not close down super spreader workplaces, or legislate paid sick leave, or speed up vaccinations - no that all would make too much sense. Ford decided to give Ontario police forces the power to randomly stop people and motorists and compelled them to answer police questions. It was a shockingly unconstitutional and ineffective expansion of the police state. Expanded police powers won’t make things better. Restricting civil liberties and legal protections won’t stop the spread of COVID. It is all pure theatre from a government who, let’s be honest, doesn’t really care about these life and death issues. This episode, we break down the first new regulation that gave police uncheck power, and then we break down the second just as bad regulation brought in to replace the first regulation following the totally predictable public outrage. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 04 May 2021 | The Federal Budget Justice Breakdown | 00:43:07 | |
So, episode 123 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. This episode we do the impossible - break down the 700+ page federal budget in under 40 minutes!! Kidding. In reality, we take a victory lap on the announcement of funding for a law reform commission and then taken a quick look at a couple of questionable justice line items in the government $100 billion budget. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||
| 16 May 2021 | Publication Bans: Morrell Andrews won't be silenced | 01:05:00 | |
So, episode 124 - a new record. But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should. Her name is Morrell Andrews and she can finally speak publicly about being sexually assaulted. Morrell Andrews wanted to speak out about sexual assault, but the court would not let her. So, she fought for her right to speak and had the publication ban that was imposed on her own name overturned. Morrell talked to us about her journey thought the justice system. But trust me, this will not be the last her from Morrell. She is a strong and powerful advocate with some Read her victim impact statement here: Victim Impact Statement Read her statement on fighting the publication ban here: Statement: Hearing to Lift Publication Ban And listen to episode 121 on the victim who was charged for identifying herself. Remember, you can self-isolate in 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 A huge thanks to Emond Publishing for supporting the podcast. For our listeners, Emond is offering 10% off titles in the series. Just visit emond.ca/docket and enter code docket10 at checkout. And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work! | |||