The Docket

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Criminal lawyer Michael Spratt and legal expert Emilie Taman discuss issues at the intersection of law, politics, and policy. What happens in our courts and the halls of power affects you. Feed your brain with answers to your most burning political and legal questions. Check out more at: www.michaelspratt.com And join the Docket's discord channel to chat and listen to live recordings: https://discord.gg/2TzUamZ

Michael Spratt and Emilie Taman


    • Sep 21, 2023 LATEST EPISODE
    • infrequent NEW EPISODES
    • 59m AVG DURATION
    • 112 EPISODES

    4.9 from 34 ratings Listeners of The Docket that love the show mention: making a murderer, mam, judicial system, canadian, canada, legal, judge, justice, make sure, case, cover, commentary, brilliant, discussion, perspective, interesting, keep up the good, insightful, entertaining, thank.



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    Latest episodes from The Docket

    Back from a brief hiatus

    Play Episode Listen Later Sep 21, 2023 55:41


    So, episode 135 – 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 back! Time to shake the dust of of the microphone and say some words! After a brief catch up we offer some free advice to new law students and then take a look at some interesting cases on the Supreme Court of Canada's fall... err... docket.Remember, you can hang with some law nerds in The Docket's Discord chatroom.  Join the Discord channel, take part in the ongoing chat, and (sometimes) listen to live recordings with this link: https://discord.gg/2TzUamZAnd as always, a huge thanks to my firm AGP LLP 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Changing Minds on Decriminalization

    Play Episode Listen Later Jun 22, 2022 62:13


    So, episode 134 – 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.Your weekly law podcast (that only sporadically releases episodes) is back!Emilie and Mike do a 15 minute rapid fire review of all everything that has happened since the last episode and then Mike is joined by law professor and former Special Adviser and Legal Counsel to  Prime Minister Steven Harper Ben Perrin. During his time in politics Perrin was a tough on crime true believer, but he has changed his mind - especially when it comes to drugs, the opioid epidemic, and decriminalization.  Mike and Ben talk about that evolution in thinking and how Canada's current drug policy of criminalization is contributing to a deadly overdose epidemic.Read Perrin's oped in the Calgary Herald: I used to agree with Kenney and Poilievre on criminalizing drug users, but I was wrongRemember, 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/2TzUamZAnd 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Trucker Bail

    Play Episode Listen Later Feb 27, 2022 63:45


    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 herePlease 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? HardlyRemember, 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/2TzUamZAnd 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Suing the truckers

    Play Episode Listen Later Feb 14, 2022 49:15


    So, episode 132 – 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 more than two weeks the truck protestors are still wreaking havoc in Ottawa and  the city and police have sat idly by and played footsie with extremists. So, who will step up and save the city? This episode Emilie and I speak with a very special guest, Emilie Taman! Yes, our very own Emilie is suing the truckers. Paul Champ, Emilie, and her colleagues have launched a class action lawsuit against the unvaccinated extremists. And they accomplished what no one else could - they silenced the horns.Please visit www.ottawafund.ca to learn more about the class action and how you can help!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/2TzUamZAnd 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.EnjoyIf you like show spread the word.Enjoy

    Truck Protests and Crown Juror Friendships

    Play Episode Listen Later Jan 30, 2022 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/2TzUamZAnd 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Race in sentencing

    Play Episode Listen Later Oct 18, 2021 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/2TzUamZAnd 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Are the feds really fighting Indigenous kids in court

    Play Episode Listen Later Oct 4, 2021 54:20


    So, episode 129 – 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.Is the federal government really fighting Indigenous kids in court? Yes, they are. And they keep losing. We chat with the amazing Anne Levesque about her work with Cindy Blackstock and the First Nations Child & Family Caring Society, who are fighting against the government's discriminatory underfunding of services for Indigenous kids. This is a fight that has been  ongoing for over a decade. Each time the Caring Society wins, the  government uses every procedural trick and avenue of appeal to avoid its responsibilities. Most recently, the Caring Society won big in the Federal Court, where the government's application for a judicial review of a landmark Human Rights Tribunal compensation order for First Nations children was dismissed (read the decision here).This is such an important case and the amazing advocates fighting for equality are heroes. You can help support the fight and donate to the Caring Society here: https://fncaringsociety.com/donateA 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/2TzUamZAnd 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: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Beverley McLachlin

    Play Episode Listen Later Sep 14, 2021 37:46


    So, episode 128 - 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.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/2TzUamZWe were thrilled to be joined by the former Chief Justice of Canada and #1 bestselling author, Beverley McLachlin to talk about her new thriller Denial.Tough-as-nails defense attorney Jilly Truitt has made a name for herself as one of the top criminal defense lawyers in the city. Where once she had to take just about any case to keep her firm afloat, now she has her pick—and she picks winners.So when Joseph Quentin asks her to defend his wife, who has been charged with murdering her own mother in what the media are calling a mercy killing, every instinct tells Jilly to say no. Word on the street is that Vera Quentin is in denial, refusing to admit to the crime and take a lenient plea deal. Quentin is a lawyer's lawyer, known as the Fixer in legal circles, and if he can't help his wife, who can?To WIN 1 of 3 Beverley McLachlin prize packs including: 1 signed copy of Denial & 1 copy of Full Disclosure, enter before 12pm EST on September 17. To be eligible you must be a Canadian resident, follow @simonschusterca and leave a review of The Docket Podcast on your podcast platform of choice. Send us DM at @mspratt once you've completed these steps!And 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.And as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work!

    Beverley McLachlin

    Play Episode Listen Later Sep 14, 2021 37:46


    So, episode 128 - 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.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/2TzUamZWe were thrilled to be joined by the former Chief Justice of Canada and #1 bestselling author, Beverley McLachlin to talk about her new thriller Denial.Tough-as-nails defense attorney Jilly Truitt has made a name for herself as one of the top criminal defense lawyers in the city. Where once she had to take just about any case to keep her firm afloat, now she has her pick—and she picks winners.So when Joseph Quentin asks her to defend his wife, who has been charged with murdering her own mother in what the media are calling a mercy killing, every instinct tells Jilly to say no. Word on the street is that Vera Quentin is in denial, refusing to admit to the crime and take a lenient plea deal. Quentin is a lawyer's lawyer, known as the Fixer in legal circles, and if he can't help his wife, who can?To WIN 1 of 3 Beverley McLachlin prize packs including: 1 signed copy of Denial & 1 copy of Full Disclosure, enter before 12pm EST on September 17. To be eligible you must be a Canadian resident, follow @simonschusterca and leave a review of The Docket Podcast on your podcast platform of choice. Send us DM at @mspratt once you've completed these steps!And 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.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) - Click Here. Emilie Taman on Twitter: @EmilieTamanMichael Spratt on Twitter: @msprattIf you like show spread the word.Enjoy

    Baseball Diversion

    Play Episode Listen Later Aug 29, 2021 53:17


    So, episode 127 - 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.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/2TzUamZA bit of a diversion this episode. We chat with the great Toronto Bluejays pundit and prognosticator Andrew Stoeten about baseball, the Blue Jays, MLB collective bargaining, and the election. OK, ok, it was mostly about the Jays but we did manage to shoehorn some legal adjacent content into the chat.Check out Stoeten's great new venture The Batflip, where you can read his words and find his great weekly podcast. And since we don't ask for money, if you like what he does make sure you show him some support.To WIN 1 of 3 Beverley McLachlin prize packs including: 1 signed copy of Denial & 1 copy of Full Disclosure, enter before 12pm EST on September 17. To be eligible you must be a Canadian resident, follow @simonschusterca and leave a review of The Docket Podcast on your podcast platform of choice. Send us DM at @mspratt once you've completed these steps!And 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!

    Back to School 3

    Play Episode Listen Later Jul 26, 2021 58:30


    So, episode 126 - 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 our favourite episode of the year - the one where we answer questions from super smart high school kids. What impact has BLM had on the Ottawa police, is the Youth Criminal Justice Act effective, where is the line between deterrence and totalitarianism, and much much more! Damn these kids are smart.A big thanks to Brian Beard's grate 11 law class at Colonel-By Secondary in Ottawa for the great questionsAnd 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!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

    Only FOUR times

    Play Episode Listen Later Jun 6, 2021 33:51


    So, episode 125 - 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.New documents reveal that an important federal justice reform, billed as a silver bullet reduce court backlogs and decrease racial inequities, has only been used FOUR times by the Ottawa Police. In 2018 the Liberal government introduced bill C-75 which contained a provision designed to divert bail breaches away from the criminal system. The government said that judicial referral hearings would “substantially increase court efficiencies” and address the “overrepresentation of marginalized communities within the criminal justice system.”Last week Ottawa police told the Police Services Board that over that last two years they have used the new procedure FOUR times.It turns out that giving new discretionary powers to people who are part of the problem does not really do very much. Especially when they never use the new power. And anecdotal evidence suggest this is not just an Ottawa problem. So, what is the government going to do now that they know their solution to a very serious problem is not working? 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/2TzUamZA 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!

    Publication Bans: Morrell Andrews won't be silenced

    Play Episode Listen Later May 16, 2021 64:58


    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 someRead her victim impact statement here: Victim Impact Statement Read her statement on fighting the publication ban here: Statement: Hearing to Lift Publication BanAnd 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/2TzUamZA 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!

    The Federal Budget Justice Breakdown

    Play Episode Listen Later May 4, 2021 43:06


    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/2TzUamZA 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!

    Ford's Pandemic Police State

    Play Episode Listen Later Apr 19, 2021


    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/2TzUamZA 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!

    Prosecuting the Victim

    Play Episode Listen Later Apr 6, 2021 40:14


    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/2TzUamZA 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!

    Doug Ford Stacking the Court

    Play Episode Listen Later Mar 26, 2021 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/2TzUamZA 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!

    Translating Criminal Law with Peter and Penny Sankoff

    Play Episode Listen Later Mar 7, 2021 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/2TzUamZA 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!

    Life and Death of Decriminalization

    Play Episode Listen Later Mar 1, 2021 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/2TzUamZA 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!

    Grading the New Justice Bill

    Play Episode Listen Later Feb 22, 2021 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-fundRemember, 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/2TzUamZA 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!

    The Justice Minister's new mandate

    Play Episode Listen Later Feb 8, 2021 46:33


    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/2TzUamZAnd as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work!

    Media Literacy and Criminal Law

    Play Episode Listen Later Jan 24, 2021 39:53


    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/2TzUamZAnd as always, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work!

    Prisons should be prioritized in COVID vaccinations

    Play Episode Listen Later Jan 10, 2021 31:26


    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

    Another Minimum Sentence Bites the Dust

    Play Episode Listen Later Oct 25, 2020 54:59


    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 429The 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 MorinRemember, 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/2TzUamZAlso a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work!

    Tony Doob on solitary confinement

    Play Episode Listen Later Sep 21, 2020 90:00


    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/2TzUamZFinally, a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work!

    Andrew Coyne on government ethics

    Play Episode Listen Later Aug 15, 2020 62:32


    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/2TzUamZHey 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!

    WE Scandal and an Interview with Nader Hasan

    Play Episode Listen Later Aug 2, 2020 77:40


    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

    Can the Government Halt the Meng Extradition and Should They

    Play Episode Listen Later Jun 28, 2020 83:16


    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 shouldRemember, 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/2TzUamZHey 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!

    Extreme Intoxication, Entrapment, and Police Brutality

    Play Episode Listen Later Jun 9, 2020 76:33


    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/2TzUamZHey 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!

    Back to High School (again)

    Play Episode Listen Later May 29, 2020 66:11


    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/2TzUamZAlso a huge thanks to my firm Abergel Goldstein & Partners who have not murdered me for editing the podcast at work!

    Gun Laws, COCIV-19, and The Room

    Play Episode Listen Later May 18, 2020 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

    Peter Sankoff on his COVID19 Internships

    Play Episode Listen Later Apr 5, 2020 60:23


    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

    Covid-19 and the Justice System

    Play Episode Listen Later Mar 27, 2020 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

    Covid-19, Magic Mushrooms, and Conversion Therapy

    Play Episode Listen Later Mar 14, 2020 65:52


    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

    Peter MacKay vs Nathaniel Erskine-Smith

    Play Episode Listen Later Mar 6, 2020 75:20


    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

    The Last Word on SNC and Inhumane Jails

    Play Episode Listen Later Jan 23, 2020 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

    SNC is Guilty and the Dougs Drop a Lump of Coal

    Play Episode Listen Later Dec 27, 2019 65:16


    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

    Doug Ford messes with judicial appointments and the Feds take Indigenous kids to court

    Play Episode Listen Later Dec 2, 2019 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

    Did the Supreme Court say Canadian judges have been too soft on punishment

    Play Episode Listen Later Oct 16, 2019 48:13


    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

    Live from the Ottawa Podcast Festival

    Play Episode Listen Later Sep 4, 2019 54:07


    So, episode 97 - a new recordLast 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

    Summer Baseball and Politics

    Play Episode Listen Later Aug 6, 2019 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

    MMIWG Report

    Play Episode Listen Later Jun 11, 2019 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

    Back to High School

    Play Episode Listen Later May 9, 2019 60:41


    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/2TzUamZEnjoy

    Immigration Unfairness

    Play Episode Listen Later Apr 19, 2019 61:17


    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/2TzUamZThis 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).

    SNC-Lavalin - Please Make It Stop!

    Play Episode Listen Later Apr 8, 2019 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/2TzUamZSNC-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).

    SNC updates, Unconstitutional laws, and the Humboldt sentencing

    Play Episode Listen Later Mar 24, 2019 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.

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

    Play Episode Listen Later Mar 7, 2019 77:44


    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/2TzUamZBy 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.

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

    Play Episode Listen Later Mar 4, 2019 80:49


    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/2TzUamZLast 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.

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

    Play Episode Listen Later Feb 25, 2019 82:32


    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/2TzUamZWith 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.

    SNC Lavalin

    Play Episode Listen Later Feb 19, 2019 86:51


    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/2TzUamZThere 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.

    Ottawa Police Trial and Special Guest Emily O'Brien

    Play Episode Listen Later Feb 8, 2019 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.

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