Immigration and Criminal Lawyers Toronto, Ontario



25 Apr
2013

Supreme Court to hear case over whether police can use lawyers to vet incident notes

Posted in Criminal Law

On Friday, the Supreme Court of Canada will hear a case about whether police officers under investigation by a civilian watchdog can have a lawyer to help them prepare or “edit” their notes. The case revolves around the deaths of two men shot by Ontario’s Provincial Police in 2009. Police argue that they have the right to talk to a lawyer of their choosing before finalizing their notes. However, the families of the victims argue that having two sets of notes is unacceptable.

In 2011, Ontario’s top court indicated that independent officer notes are central to the integrity of the administration of the criminal justice system and the use of legal counsel to assist in the preparation of the notes would be inconsistent with the purpose of the police notes. The ruling confirmed that officers can obtain legal advice about their rights and duties but were bound to complete their notes before the end of their shifts.

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22 Apr
2013

Where are Canada’s temporary foreign workers going?

Posted in Immigration Law

In 2005, there were 140,668 temporary foreign workers admitted into Canada. This year there were 338,189 temporary workers admitted (this number is still considered preliminary). The vast majority of workers (approximately 202,000 in 2012) enter Canada through a positive labour market opinion from Human Resources and Skills Development Canada. A positive labour market opinion means that an employer was successful in showing that it needs a foreign worker to fill a job and no Canadian worker was found.

Click here for a breakdown of the types of skills these 202,000 temporary foreign workers (2012) have and the industries in which they are working in.

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16 Apr
2013

Temporary foreign worker program will be reformed

Posted in Immigration Law

Stephen Harper will reform the temporary foreign worker program because it has grown too large. As a result, Ottawa will bring in new rules to ensure it is only used to fill the country’s labour shortages. Mr. Harper said that it is important that employers understand the purpose of the program  which is to provide temporary help in cases where there are acute labour shortages. There is no broader purpose than that. Mr. Harper’s concern about this program arises from recent stories that have surfaced about the ongoing controversy at RBC.

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4 Apr
2013

Supreme Court of Canada restored a multi-million damages award to a severely disabled girl

Posted in Personal Injury Law

In a ruling last Thursday, the Supreme Court of Canada restored a $3,224,000 damages award to a B.C. girl whose health was severely compromised by a birthing error. In a unanimous decision the court said that the obstetrician who attended her birth was negligent when he used forceps to aid with the delivery causing the baby’s brain to be deprived of oxygen. The obstetrician also failed to assemble a surgical team for the delivery by Caesarean section in case of an emergency.

The girl is now 15 years old and suffers from permanent spastic quadriplegia and cerebral palsy. She is confined to a wheel chair, unable to speak and fed through a tube. Her life expectancy is 38 years.

Although in this case, the obstetrician fell below the standard of care, the Supreme Court indicated that they do not suggest that a standard of care must prevent injury in all circumstances.

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