The Rodgers Brief

This week, Paul is joining the show from Raratonga, in the South Pacific. The guys discuss how justice issues may have affected the federal election results, and what comes next for the Conservatives after losing a 25 point lead. The BC Premier has (sort of) called for an inquiry into the mental health treatment and decisions surrounding the tragedy in Vancouver at the Lapu Lapu Festival. Should there be more involuntary institutionalizations of those with mental health conditions?In the past two days, two young children have gone missing in Nova Scotia. We discuss the criticism the RCMP has been receiving about not issuing an Amber Alert at the earliest opportunity.Finally, we discuss the first week of the jury trial for the five former Canadian World Junior hockey players on trial in London, ON. The trial centers on two videos made by the complainant, in which she claims to have consented to the activity in question. We discuss how the jury might weigh that evidence, and other issues that have arisen in the trial, including how the trial had to restart with a new jury after a mistrial was declared on day two of the trial.

This week marks five years since Gabriel Wortman murdered 22 Nova Scotians over the course of 13 hours. Paul Palango and Adam Rodgers are joined this week by Scott MacLeod, brother of Sean MacLeod, one of Wortman's victims. Scott was present for much of the Mass Casualty Commission hearing process, and is a part of the Progress Monitoring Committee that was established to track the implementation of the MCC's recommendations. Scott shares his reflections on all of that, along with his still unanswered questions that remain after five years. Before Scott joins the discussion, Paul and Adam discuss the parts of the federal leaders' debates where justice issues were raised, as well as Paul's week of meetings with publishers in Toronto (and what that says about public attitudes towards policing in Canada).

This Easter weekend marks the 5th anniversary of the NS mass shooting. I look at the changes since that time, focusing on the recommendations on the treatment of domestic violence. I preview this weekend's Dispersing the Fog episode, which will feature special guest, Scott MacLeod.In the Supreme Court of Canada, arguments were made on an interprovincial travel case that arose during the pandemic. Kim Taylor was looking to travel from NS to St. John's NL for her mother's funeral in May of 2020, but was denied entry. The SCC heard arguments on section six of the Charter, which deals with movement between provinces. I analyze the arguments, and predict how the Court will decide the case.Finally, I review the justice portions of the leadership debates from the past two nights, and observe how one of Mr. Poilievre's final answers at the debate reminded me of Eric Lindros' MVP speech from the 1995 NHL awards.

This week, Paul Palango and Adam Rodgers discuss the Conservative and Liberal justice proposals released this week in the Canadian federal election campaign. The Conservatives say “three strikes and you're out”, while the Liberals look to tackle gun crimes. Related, this week the National Post published an excerpt of Tristin Hopper's new book, Don't Be Canada. The excerpt we analyse deals with Hopper's critiques of the Canadian justice system, particularly as it deals with bail matters, and indigenous offenders.Also, there is a case unfolding in BC, involving former officer Bill Majcher, who has been accused of espionage against Canada. Two other officers allege that they have been subjected to a spyware attack from the RCMP on their police-issued phones.The show starts out with Paul describing an unusual invitation to join with retired police officers, ostensibly to join in their efforts to reform policing in Canada. It did not go as (they) planned.

This week, Paul Palango and Adam Rodgers discuss stories from Ottawa, Nova Scotia, New Brunswick, Ontario, as well as a school shooting report from Nashville. Some US lawyers are reacting to being targeted by the Trump administration by refusing to take on cases against the government. The implications for the justice system are discussed. PM Carney delayed dropping candidate Paul Chiang despite his advocating for his opponent to be turned in to Chinese officials. Paul explains how politicians are enamored with police officers, even as candidates.In NS, the government is trying to regulate on-reserve cannabis sales.An RCMP officer in New Brunswick has been cleared of wrongdoing in a shooting on a First Nations reserve. A school shooting report out of Nashville has cleared the shooters parents and care providers of responsibility. There are lessons for parents in the case.Finally, a case out of Ontario has been tossed due to delay. The accused had been found with over 8kg of cocaine.

This week, Paul and Adam discuss the revelations that a reporter for The Atlantic was invited to join a high level group chat on Signal, which involved attack plans for Yemen. Also discussed, the case of Turkish national Rumeysa Ozturk, a student on a study visa in the US being abducted by ICA agents and transferred out of state contrary to a court order. Paul has some sources telling him about operations within the OPP, and Adam discusses how 'Mr. Big' operations work, and why they are seen as problematic. Finally, the guys end with a chat about baseball, and whether Mike Trout may end up on a decent team for once.

This week, Paul Palango and Adam Rodgers discuss the Federal election, which was called the day this podcast was recorded, and what to expect over the next few weeks of campaigning. The hit Netflix show, Adolescence, has been drawing interest for its portrayal of what might cause a young boy to commit serious violent offences. That same theme has been covered by the Fifth Estate in a story in Canada about online luring and the harms that result. We discuss the RCMP's capacity and willingness to confront these new types of crimes in Canada.We then welcome Frank Magazine's Andrew Douglas to fill us in on some stories that he has been covering (and often breaking), including the recent drug-related murder in Sydney, NS. Andrew also brings his perspective on the state of local media in Nova Scotia, how Frank Magazine NS has been able to thrive, and why the public is underserved by the current model.

This week, the governments of Canada, Nova Scotia, and New Brunswick reached an agreement on funding the protective infrastructure between NS and NB. This followed a Court of Appeal reference hearing, and is in advance of a federal election call. I discuss the legal issues, and how the appeal hearing may have lead to the funding announcement.Also this week, the National Judicial Institute visited the Court in Wagmatcook, to see the Gladue/Wellness/Trial/Bail court in action and learn what they might bring to their judicial education programs. I was there, and discuss what took place. Finally, with the new Prime Minister taking office, questions of his wealth and potential conflicts of interest have arisen. I review what is involved in a blind trust, and whether that is sufficient for political leaders.

This week, on his final day in office, Prime Minister Trudeau released a brief position paper on the future direction of the RCMP. This unexpected announcement called for a narrower mandate for the Force, with Provinces taking over responsibility for community policing when current contracts with the RCMP expire in 2032. Author Paul Palango and lawyer Adam Rodgers discuss the White Paper, its timing, whether the new Prime Minister is likely to adopt the recommendations, and what the report gets right and wrong. Also discussed - St. Patrick's Day, the Ides of March, the five year anniversary of the pandemic, and the Gretzky-Ovechkin dynamic.

This week, Paul and Adam discuss the CBC story of the BlackHawk helicopters the RCMP has been renting to patrol the border, which have resulted in one non-fentanyl arrest. Also, there have been two recent in-custody deaths in Halifax involving police tasering. Why is that happening?Also discussed, NY Police are targeting crime hotspots. Is that racial profiling, or good policing? Finally, Paul has more thoughts on Wayne Gretzky having others defending him, and we chat about sports gambling commercials.

This week, the Chief Justice of the Federal Court releasedhis decision on PM Trudeau's request to the Governor General to prorogueParliament. I discuss the case, and the intersection of law and politics it describes.Also, in Nova Scotia cases, a registered nurse at the NS Hospital wins adefamation case against the mother of a patient who slandered her on Facebook(Terris v. Meisner), elementary school gym teacher Steve Hutchings defendshimself against historical allegations of sexual abuse, an Afghan stowaway isdeported for the third time (R. v. Kazimi), and the Elizabeth Fry Society ofMainland NS is holding an event on intimate partner violence, but seemunwilling to speak plainly about the issue.

We unveil the name of the show, discuss Trump/border/fentanyl, Portapique civil suit update, Wayne Gretzky, Truro Police racism accusations, The Oscars, and more!

Paul Palango and I are back in action, with a new version of our analysis of stories dealing with policing and our courts. Join us live on YouTube at 8:30pm Sunday evenings, and the show will be posted to YouTube and be available on Apple and Spotify.

Here are some of the more significant stories that I have covered over the course of 2024. I hope you enjoy the recap, and I look forward to bringing you more content in the new year! 1. NS Mass Casualty Commission 'Progress' Monitoring Committee 2. Foreign Interference Inquiry (with final report expected early next week) 3. Eastern Nova Scotia and Cape Breton Federal Electoral Boundaries Federal Court decision 4. Federal Court decision on the invocation of the Emergencies Act during the trucker/freedom convoy protests 5. Liberal gov't efforts to pass the Online Harms Act 6. Michigan parents convicted of involuntary manslaughter after their child commits school shooting 7. Bedford school stabbing plea and sentencing 8. NS Provincial Court Judge Rickola Brinton's failed lawsuit and delayed cases after she refused to take the covid vaccine 9. Ruck Report of racism in the NS Bar Society 10. Desmond Inquiry Report

This week, I review the first annual report of the Progress Monitoring Committee of the Mass Casualty Commission, along with some critiques from a member of the Committee, and my thoughts on how the lack of change can be traced back to the MCC itself. I also cover two appeals from the Supreme Court of Canada, on police use of an accused's cell phone and instructions on unsavory witnesses. I discuss two cases from the NS Court of Appeal on criminal appeals by Robert Rogers and Jimmy Melvin. I cover other NS cases on delayed verdicts caused by Judge Rinkola Brinton and one on what happens when you have an appearance notice to show up to court, but no charges have been laid. Finally, I look at the unfortunate case of lawyer Donn Fraser, who made the news this week after his altercation with sheriffs in the Pictou Courthouse was reviewed by the NS Court of Appeal. Before all that, I have some thoughts on PM Trudeau's visit to Mar-A-Largo, and how many people are misperceiving how to approach the threat of 25% tariffs on Canadian goods entering the United States, as well as the merits of the proposed GST 'holiday'.

This week, I start with an analysis of the Federal Court's affirmation of the new Federal electoral boundaries for Cape Breton's two seats. The First Nation of Eskasoni is switching ridings, and challenged the change in court after the Boundaries Commission rejected the appeal of MP Jaime Battiste. The judge hearing the case is an indigenous law expert, and rejected every single point raised by Eskasoni, and in doing so stated that it appeared that Eskasoni was trying to gerrymander the riding - a serious allegation to make, but one that is justified based on what was presented. Mr. Battiste announced that he will be running in the new urban riding. There has not yet been a comment from MP Mike Kelloway, who currently represents the rural riding, but who was rumoured to be looking to run in Sydney-Glace Bay. Other stories covered this week include the sentencing in the case of the Bedford teen who stabbed the Vice Principal and an administrative assistant at the school, the Supreme Court of Canada's overturning of an acquittal on a human trafficking case from NS, the Pat King convictions, the Paul Bernardo parole hearing controversy, the International Criminal Court's arrest warrant on Benjamin Netanyahu, and the current state of the various cases against President-elect Trump.

This week, the Nova Scotia Supreme Court declared that Chéticamp should have it's own provincial riding. The decision from Justice Pierre Muise is critical of the 2019 Dodds Report, and relies on the Supreme Court of Canada's interpretation of voting rights under section 3 of the Charter. One of the lawyers for the Fédération Acadienne de la Nouvelle-Écosse is now-Senator Rejean Aucoin. One of the appeals heard on the NS Court of Appeal's trip to Cape Breton was released this week. It was the appeal of the Funeral Directors and Embalmers Association against Joseph Curry, a funeral director who accidentally cremated the wrong body. In more international news, I discuss the story of the separating Toronto couple and how they dealt with their Taylor Swift tickets, and also the highly promoted, and terrible, Mike Tyson - Jake Paul boxing match and the potential for litigation to follow after Tyson was clearly not ready, and Paul seemingly held back.

With the provincial election campaign underway, I examined the party platforms and publications to see what is being presented in the justice sphere. The answer is very little, despite the efforts made to give good advice through the Desmond Inquiry and Mass Casualty Commission. I attended the Antigonish candidates forum on Wednesday, and saw a candidate do something that I have not seen before. The case of Jennifer Brady has made the news a few times in recent months. This week, she won her case against the Provincial government to have them pay for her out of province surgery. I discuss the case (which included the judge describing her situation as 'kafkaesque') and its implications.

I am back after a hiatus with a new Rodgers Brief. This week, the long awaited Ruck Report on racism in the NS Barristers Society was released, with some interesting comments on the Lyle Howe prosecution. Also, I review (the very few) justice issues being mentioned by the main parties in the Nova Scotia election campaign. Nationally, there were two stories - one is the release of the report by Special Interlocutor for Residential School Unmarked Graves, Kimberly Murray, who says Canada is 'obligated' to criminalize residential school denialism. The last story I cover this week relates to medical assistance in dying. Quebec is going to allow advance requests, while in British Columbia, an injunction was granted against a woman with mental health struggles, who was approved for MAiD.

I am going to be taking a summer break from recording the Rodgers Brief. Legislatures are not sitting, and Courts tend to slow down some over the summer. Also, I am focusing my time on seeking the federal Conservative nomination in the newly configured riding of Cape Breton-Canso-Antigonish. In this video, I describe the riding, and discuss my connections to each region of this vast geographical area. I also talk about what makes CBCA unique, and what gives us a leadership responsibility within Canada.

This week, I review the controversy around the National Security and Intelligence Committee of Parliamentarians report on foreign interference, and the allegation that some MP's are witting participants in such interference. Also, I examine the government's Charter Statement on the proposed Online Harms Act, the Supreme Court's view on 'secret trials' in Canada, the NS justice minister's announcement that 1200 cases in Nova Scotia are at risk of being dismissed because of delays in the system, the (related) ongoing complaints of Judge Rickola Brinton about her refusal to take the Covid vaccine, Judge Perry Borden's use of an Impact of Race and Cultural Assessment in sentencing an 18 year old on gun and cocaine charges, and Justice Arnold's decision on the Chief Electoral Officer's decision to sanction on signage in the Preston by-election last summer. Finally, I review the decision this week on cannabis dispensaries on Mi'kmaq reserves in NS, and whether they represent a treaty right.

This week I focus on two NS Court of Appeal decisions. One relates to the delay in Judge Rickola Brinton's decision in the sexual interference and exploitation trial of Brandon McNeil (who now goes by the name Brynn Milner), and the plentiful blame that can be laid at the feet of Judge Brinton, as well as former Provincial Court Chief Judge Pam Williams. The other is the successful appeal of a 2nd Degree Murder charge by Gregory Purvis. The Court of Appeal found that his rights were violated through improper instructions by the trial judge to the jury deciding his case. I review those errors, and the allegation of ineffective counsel. Also covered are the appointment of former Lieutenant Governor Myra Freeman to chair the Mass Casualty Commission implementation committee, the Trump verdict (with some commentary on the performances of the two main lawyers on the case), the lawsuit filed by the Province of Newfoundland and Labrador's Justice Minister John Hogan against the Federal Government regarding equalization, along with some comments on the death of Robert Pickton and the decision to drop all charges against world #1 golfer Scott Scheffler.

This week, I start with a look down south to the charges against world #1 golfer, Scott Scheffler, before the second round of the PGA Championship. I also examine the cross examination of former personal lawyer to Donald Trump, Michael Cohen, in the trial against the former President. In Canadian stories, I discuss the McGill University injunction application, seeking to end the student protests. I also review the case of the Nova Scotia government versus the Federal government over the needed upgrades to the Chignecto Isthmus. Also covered are the conviction of Colin Tweedy in his retrial over the death of 10-year old Talia Forrest, the not-guilty pleas and seeking of bail in the death of Halifax teen Ahmad Al Marrach, and the retirement of Ron MacDonald, former Anitgonish prosecutor, head of SiRT, and for the past seven years the head of the BC equivalent. Ron had some wise parting words, which other like organizations should heed.

This week, I review two major reports, the Nova Scotia Mass Casualty Commission Progress Monitoring Committee report and the Foreign Interference Commission interim report. Before that, I discuss the lack of a Charter Statement for the new Online Harms Act, the irony of the government critiquing the opposition for alluding to the Notwithstanding Clause, the rejected injunction application for the McGill campus protests, the police paraphernalia guilty plea in Sydney, and the failed Provincial Court application by Diagalon founder Jeremy MacKenzie.

This week, I cover the appointment of the new NS Justice Minister and SiRT Director, the Toronto Police Chief's Comments in the Zameer acquittal, former President Trump's claim to criminal immunity at the US Supreme Court, and how Harvey Weinstein's successful appeal would have played out in Canada. Before that, I discuss the Pierre Poilievre well-received visit to eastern Nova Scotia and Cape Breton, and his controversial stop at the NS/NB border.

This week, I examine several cases involving juries, Jeremy MacKenzie's efforts to have his NS charges dismissed, the expanding scope of video testimony, and justice spending in the new federal budget. First, on the 4th anniversary of the Portapique shootings, the NS Minister of Justice has resigned after his comments on domestic violence not being an 'epidemic'. I discuss those comments, as well as the lack of apparent effort on the Government's part to make the changes to domestic violence policy that the MCC recommended. I also briefly discuss the first dog to be subject to a custody order (in BC), and a Saskatchewan father convicted of violating a custody order when he tried to keep his daughter from getting the Covid-19 vaccine.

This week, the Foreign Interference Inquiry heard interesting testimony from Han Dong and Erin O'Toole. I discuss that testimony, the benefits of the inquiry process versus the Special Rappatour option the government wanted, and reforms needed to the Security and Intelligence Threats to Elections Task Force. The Justice Minister was interviewed by Althia Raj regarding the proposed Online Harms Act. The Minister was on the defensive throughout, and did little to ease fears that this government is overreaching on the restrictions to free speech contained in the Bill. A case out of Calgary is showing how courts will handle Medical Assistance in Dying cases on the margins. Here, the person asking to die is 27 years old, has Autism, and evidence from her father raises questions as to whether she is indeed suffering significant physical ailments. Finally, I look to the Mass Casualty Commission report one year on. The RCMP have provided an update on their efforts to implement the report recommendations, and the Province of Nova Scotia has provided a brief update as well.

Lots to cover this week after no show last weekend. The big, but underreported, story is the Federal Government appealing a decision of the Federal Court on the country-wide shortage of judges. The Chief Justice wrote to the Prime Minister about the issue, which generated a declaration from the Federal Court that the government should speed up the appointment process. Now, the government is saying that the letter from the Chief Justice is heresay, and not evidence that should have been relied upon. Quite a thing to say about the CJ. I also cover the lack of a Charter statement on the new Online Harms Act, an attempt to restructure how junior hockey players are assigned to teams, the closing of the elver fishery, a Michigan father convicted of manslaughter for his son's school shooting, a not guilty plea in the Shelburne forest fire, the failed attempt to keep the Alehouse Liquor Control Act hearing secret, and the Bedford teen who was charged with attempted murder in a school stabbing incident at C.P. Allen High School.

As we get into March Break, there are some important legal stories to cover. This week, I start with some celebrity legal news from the US - the armorer on the set of the Alec Baldwin movie, Rust, has been convicted by a jury of mishandling the ammunition that lead to the death of the cinemetographer of that movie. There was controversy in the Iditarod, when a moose encounter lead to a two hour penalty to one of the top drivers. Also, the US Supreme Court has ruled that former President Trump cannot be barred from being on the ballot by individual States. The big Canadian legal news this week was the introduction of the Online Harms Act, the latest attempt by this government to regulate the internet. This legislation has some good elements when it comes to child protection, but goes too far in creating a new bureaucracy to monitor online speech. I also review the news that the government has not made changes to the Emergencies Act, as recommended by the Rouleau Commission Report. In Nova Scotia legal news, Cassandra Desmond has been found not guilty of aggravated assault and assault with a weapon in an incident that took place on the fifth anniversary of the Desmond family tragedy. There was video of the entire incident, which Justice Hoskins said clearly showed Ms. Desmond was acting defensively the entire time. She should never have been charged. There is a class action coming regarding jail lockdowns in NS, which seems likely to be certified. Finally, there are two developing areas of law that emerged this week. One is a magic mushroom dispensary in Vancouver which has been granted a license to operate. This is similar to how cannabis legalization began to take root. Also, in Quebec, the Canadian Civil Liberties Association is helping on an appeal regarding suspicionless police stops ... which happen every day all over Canada, but which are also at risk of engendering racial profiling.

This week I start with some Nova Scotia news - four judges have been named to new positions within the NS judiciary, the Bar Society issued a "clarification" on media coverage of Lyle Howe's Court of Appeal victory, and former Better Business Bureau President Peter Moorehouse was sentenced for child pornography offences. Nationally, several stories caught my attention. Cameron Ortis has appealed his conviction for sharing secrets with targets of Canadian intelligence investigations, Nathanial Veltman's sentencing concluded with a declaration that he engaged in "terrorism" in killing four members of a Muslim family with his truck in 2021, Trucker Convoy personality Chris Barber is suing the federal government over his accounts being frozen, and two human rights groups have dropped out of the Foreign Interference Inquiry over fears that other participants' access to information may put them in danger. I conclude with a story about pets rights in separations or divorce. British Columbia has enacted a law describing how such matters should be decided by courts when called upon to do so. This is the first law of its kind in Canada, and one that I can see being replicated in other jurisdictions.

This week I review how the Election Interference Inquiry is going to address evidence where there are national security concerns by the government. This has been dealt with by the Arar and Air India inquiries, and has the potential to delay or undermine an inquiry, if not handled properly. There were three Nova Scotia cases in the news this week. Kayla Borden's claim that her arrest by Halifax Regional Police in 2020 was racially motivated was rejected by the NS Supreme Court. Fenwick MacIntosh's effort to sue the victims of his sexual assaults for defamation was rejected by the Court of Appeal. Also, the Halifax Regional Police have laid a charge of 'personation' against the person that former PC candidate (and later advisor to the Minister of Immigration) Nargis DeMolitor claimed to have posted to her twitter account. This anti-Semitic post lead to Ms. DeMolitor being fired by the government. Finally, I review the unusual decision in Saskatchewan to allow a Charter claim to continue, despite the government's invocation of the notwithstanding clause.

This week saw the first court appearance of the five 2018 Canadian Junior hockey team players accused of sexual assault. I review their first appearance, and explain how the situation is being manipulated by the London Police and/or Crown, and what that means for the outlook of the case against the players. Cameron Ortis, the former Director General of the RCMP National Intelligence Coordination Centre, was sentenced to 14 years in jail after being convicted of passing on secret information to targets of Canadian intelligence officials. In Michigan, the mother of a 15-year old school shooter has been convicted of four counts of involuntary manslaughter. I discuss how that can happen, and whether that could take place in Canada. Finally, I review the Court of Appeal win for disbarred Nova Scotia lawyer Lyle Howe. Mr. Howe, a talented young lawyer, is alleging that the Bar Society engaged in malicious prosecution against him, and the Court of Appeal is allowing him to make that claim after it had been dismissed by a motions judge last year. I finish off with my pick for the Super Bowl, which should be a great game!

This week saw the release of the long-awaited Desmond Inquiry report. As one of the lawyers involved in the inquiry, I provide my perspective on the final report of Judge Paul Scovil. I discuss the four main themes of the recommendations, the transition from military to civilian life, intimate partner violence, health services for African Nova Scotians, and gaps in firearms licensing. I discuss the impact of the highly unusual decision to replace Judge Warren Zimmer after the hearings had been completed, and while he was in the midst writing his final report. There was a missed opportunity to draw attention to PTSD with dissociative episodes. There was considerable evidence that Cpl. Desmond had dissociative episodes, and that he may have been in the midst of one at the time of the tragic deaths. Finally, I gauge the reactions from the provincial and federal governments, and assess the likelihood that the recommendations will be implemented.

This week, I focus on two stories. First, five players from the 2018 Canadian junior hockey team are set to be charged this week with sexual assault. I review some of the evidence, and possible outcomes. Also, the Federal Court has declared that the government was unreasonable in invoking the Emergencies Act to combat the trucker convoy/freedom protests in Ottawa. I dive into the decision, including possible lines of appeal or legislative amendment. To start, I note that the final report of the Desmond Inquiry will be released this week, and I discuss a visit I had this week to the Mi'kmaq Friendship Centre in Halifax.

This week, I focus on some Nova Scotia-based cases, as well as the Supreme Court decision on a Quebec police officer, Jordan Peterson's rejected appeal, and the upcoming Parliament. In Nova Scotia, a 22-year old has been charged with setting the Shelburne fires, former political staffer and candidate Nargis DeMolitor has sued the Premier for wrongful dismissal and defamation after she was fired for an anti-semantic tweet, and a judge has declared that the rampant lockdowns in NS jails are illegal. Following up on some cases discussed in earlier videos, Ernest MacEvoy has been sentenced for aggravated assault after shooting his brother in the leg with a shotgun, and a Bedford teenager is seeking to have his attempted murder charge tossed due to Charter violations. The Supreme Court of Canada has upheld the conviction of a Quebec police officer who was on long term medical leave, and was convicted of fraud over $5000 for minimizing his ability to work while on leave. This will reverberate through employment law circles. Jordan Peterson has lost his bid to have the Ontario Court of Appeal hear his appeal of a requirement by the Ontario College of Psychologists to have him take mandatory social media training. Finally, I look ahead to the upcoming session of the House of Commons, which will include debates on legislation dealing with cross-border device privacy, offshore energy development, and RCMP oversight, along with the public inquiry into election interference.

This week, I start by reviewing the Cameron Ortis sentencing hearing, including the intervention of Michael Kovrig, who wrote a letter in support of Ortis that brought to mind the movie 'Catch Me If You Can'. I explain why the Crown and Defense positions can sometimes be so far apart from one another. Next, I discuss the RCMP's failure to meet their year end deadline to submit a response to the recommendations of the Mass Casualty Commission. Also, I review the stalled efforts to have the wrongful conviction of Glen Assoun investigated, and what SiRT should do next. The Prime Minister took another Christmas vacation to Jamaica, and is now the subject of another complaint to the Ethics Commissioner. There have been conflicting statements from the PMO and the office of the Commissioner. I review the Conflict of Interest Code to try to provide clarification. Then, I look internationally to the case brought before the International Court of Justice by the South African government, accusing Israel of genocide, looking at the merits and the politics of the allegations. Finally, I comment on the difference between Canada and the United States when it comes to elected judges (wherein I work in a Bob Dylan quote), and how that is manifesting itself in the various cases involving Donald Trump.

Happy New Year! I hope everyone had a restful and enjoyable break. This week, I start with a few words about the 7th anniversary of the deaths that lead to the establishment of the Desmond Inquiry, and where that process currently stands. I congratulate Dr. Margo Watt on her new book on forensic psychology, and encourage non-academic readers to give it a look. Dennis Edney, long time lawyer for Omar Khadr, died this week at age 77. I remember Mr. Edney, an award winning lawyer for his pro bono work. The RCMP has closed it's case on the fires that raged on the outskirts of Halifax last summer. Residents are upset with the manner in which they found out this information. A teacher from the Annapolis Valley has been cleared of sexual assault charges which arose in 2019. Judging by the court decision, the case never should have gone on for as long as it did. Bill C-48, the bail reform legislation, is in force, and has brought some significant changes to how bail hearings will unfold for those charged with weapons or intimate partner violence offences. The Conservative Party has been denied full standing for a second time in the Foreign Interference Inquiry. I discuss what that means, and what we can expect from the Inquiry. Finally, I look south to the machinations involving former President Trump. The Colorado Supreme Court has ruled that he is not eligible to be on the Presidential ballot in that State. I summarize why they have said that, and what I expect will happen when the case reaches the Supreme Court of the United States.

For my final Rodgers Brief of 2023, I cover this week's extremely vague and unhelpful update from former Justice Linda Oland on the progress of implementation of the MCC recommendations, after two days of meetings with the 16-member implementation committee. Related to the MCC, I also discuss the controversial sale of decommissioned Cape Breton Regional Police vehicles, some of which still had police markings on them. Also, I discuss a case out of Sydney where three daughters were arguing over where their mother's ashes should be buried. This is the first such case in Canada where such a dispute has made it to court. Next, I review a case in New Minas were a man accused of accessory after the fact and criminal negligence causing death made a confession and agreed to a reenactment after 6 hours of police questioning, while not being told that a senior Legal Aid lawyer was willing to meet with him in person. Finally I turn my gaze south to the ongoing Special Prosecution of former President Trump by Jack Smith. The US Supreme Court has agreed to an unusual application to hear arguments on the question of whether a President is immune from criminal prosecution while in office. I give my prediction for what they will decide. Thanks to everyone for watching and listening this year, and I will see you early in 2024!

This week, I review the reason for, and impact of, the inquiry on foreign interference decision on standing, which limited political parties' participation. Also, newly appointed Chief Judge Perry Borden has initiated a complaint against Judge Al Begin, over a decision I covered last week where the Court of Appeal overturned a decision of Judge Begin. Finally, the citizens group challenging the Antigonish Town and County councils over their approach to consolidation were dealt a setback with a decision from Justice Gabriel about the validity of the motions the two councils adopted, which asked the Provincial government to enact special legislation to consolidate the two municipal units.

This week in law, the Serious Incident Response Team's interim director is busy revisiting cases - the Onslow-Belmont shooting during the NS Mass Shooting, and the wrongful conviction of Glen Assoun. The NS Court of Appeal had harsh words for Provincial Court Judge Alain Begin after Judge Begin made remarks about an accused before closing arguments, and then tried to have those comments removed from the record that would go to the Court of Appeal. After the Randy Riley not guilty verdict, the Witness Protection Plan tried to have a publication ban made retroactive, but were rightly turned down by Justice Arnold. Finally, I discuss the housing crisis, and how courts are likely to treat any efforts to remove tent encampments from public property. Also discussed in this episode, the UK hockey manslaughter charge, President Trump's efforts to be declared immune from criminal prosecution, and the Cameron Ortis guilty verdict.

This week in law, we have seen a very unusual charge out of the United Kingdom. A hockey player has died as a result of a collision on the ice, where the skate from the opposing player hit him in the neck and ultimately led to his death. Prosecutors in the UK have charged Matt Petgrave, the other player, with manslaughter. I describe what manslaughter is supposed to mean, and how it might apply in this case. Other cases being covered this week are the closing of the Cameron Ortis trial, the Nathanial Veltman terrorism verdict, the verdict in the murder trial of U.S. cyclist Moriah Wilson, the Supreme Court of Canada's rejection of the Crown appeal of former IWK CEO Tracy Kitch, and a DUI case out of Truro where the issue of whether police can knock on a door and ask questions of the occupants. Finally, I examine the remarks of Karim Khan, the chief prosecutor of the International Criminal Court, who visited the southern border of the Gaza Strip. His main purpose was to put participants on notice that the ICC was watching matters closely, and were actively investigating the actions of Hamas that started the conflict.

This week saw the end of the fall sitting of the NS Legislature, with long sitting days, and a few pieces of legislation passed, as the PC government passes the halfway point of its mandate. The trial of Cameron Ortis, the former Director of the RCMP Operations Research group, a high level intelligence unit, brings to mind what would happen if Ethan Hunt or James Bond were brought to trial. Ortis is alleged to have shared secret information with money launderers, while he claims to have been trying to root out moles in the upper echelons of the RCMP. At the same time, the National Security and Intelligence Committee is looking to change the way the RCMP is structured. It is not clear that anyone with the power to make those changes is paying attention. In BC, a husband in a highly acrimonious divorce was convicted of voyeurism after his wife found a hidden camera in their bedroom. In NS, two cases involving large amounts of money stolen - in one, former investment advisor Quinton Sponagle is at risk of going to jail if he does not pay back $1.1 million stolen. In another, Dawn Ellis-Abbot is found to have stolen $3.2 million from Millbrook First Nation. Finally, I look to the appeal of the stay of proceedings involving Dr. Fashoranti, a doctor in Amherst who had been accused of sexual assault against three patients. This case raises serious question about the conduct of the crown prosecutors on the case.

First, a look at the big political story of the week - the government announcing a carve out of the new carbon tax for those heating with oil. This announcement has been criticized from all sides, and may be the biggest political blunder of this government. Notably, it appears to have been spearheaded by the NS MP's, lead by Atlantic Caucus Chair, Kody Blois, who briefly practiced law before being elected. Other national stories I discuss include the recommendation that responsibility for correctional services for Indigenous offenders be devolved to those communities, as overrepresentation of Indigenous offenders in federal prisons has climbed again in the last ten years from 25% to 32%. I also review the Foreign Interference Inquiry, which is going to look into interference into the 2019 and 2021 elections. In Nova Scotia legal news, William Sandeson has been denied bail by our Court of Appeal, new Judge Bronwyn Duffy was critical of police for not ensuring there was strong identification evidence in an prowling/arson trial, and Judge Del Atwood assisted a self represented accused on a resisting arrest charge. Finally, I review the tragic death of Hollie Boland this week in Cole Harbour, and the questions it raises about the bail system in Nova Scotia. The questions are fair, though I am concerned with some of the comments coming from the President of the Crown Prosecutors Association of NS about the incident, and discuss why.

This week in law, I examine why Crown Prosecutors in Nova Scotia are speaking out about the frailties of the NS justice system. I compare some of the early information from the Lewiston, Maine shootings to the NS Mass Shooting and lessons learned through the MCC. There is a new Supreme Court of Canada Justice - I cover the suspect reasons for the vacancy, and the process for appointing a SCC Justice. John Carpay and Randal Cameron, the lawyers behind the effort to follow a judge around with a private investigator during the covid lockdowns, have been banned from practicing law in Canada for three years as part of a plea deal. I examine that situation. Finally, I cover two NS cases that were published this week - one a sad story of a missed diagnosis on a newborn, and the other an unusual case of the Crown applying to have a defense lawyer removed from a homicide trial.

This week, I review a Dalhousie Law School graduate who challenged the Alberta Law Society's requirement to swear allegiance to the Queen, the Federal Crown asking the court to impose a retroactive publication ban (and then threatening to charge the Halifax Examiner with violating that publication ban) after an embarrassing display from a witness protection program witness, indigenous fishers charged in 54 cases in Nova Scotia, and a warning from the Supreme Court of NS about lawyers using artificial intelligence in their legal arguments. Before getting into the big stories, I mention the Trump lawyers who plead guilty this week to election interference charges, the Saskatchewan Parents' Bill of Rights passing, and the five year anniversary of the legalization of cannabis in Canada.

This week I look at some prominent cases brewing in Nova Scotia, along with a few situations of national scope. In NS, Provincial Court Judge Rickola Brinton is suing the Provincial Court and the former Chief Judge over trying to get her to declare her vaccination status back in 2021. Judge Brinton is looking to stay on long term disability and be paid out until she is age 65 over the issue. The federal crown is threatening to charge the Halifax Examiner, over their coverage of the Randy Riley trial, particularly their publication of details of a witness who appears to have been abusing the witness protection program. Colin MacDonald, one of the wealthiest Nova Scotians, is being accused of sexual misconduct by a former IWK Foundation fundraiser. I examine what his defenses might be. Nationally, the Supreme Court of Canada struck down environmental assessment legislation brought in by the federal Liberals in 2019, whereby 'special projects', such as pipelines, would be subjected to a special procedure. I also discuss the gender/pronoun/parental rights situation in Saskatchewan, and the Ottawa trucker convoy trial.

Happy Thanksgiving weekend! This week, I examine the Randy Riley not-guilty verdict and the unnecessarily long path to justice that was involved in his case. I also look at the Occupational Health and Safety case against Nova Scotia Power and Brunswick Engineering, which had closing arguments this week. Finally, I look at the trial of Pat King, one of the Freedom Convoy organizers. Mr. King is attempting to move his trial from Ottawa, due to his notoriety in the city.

This week in NS and Canadian law, there were reviews announced, reports released, new judges named, and a progress monitoring committee meeting. The two new NS Provincial Court judges are Alonzo Wright and Mark Heerema. Judge Wright was most recently the Director of the Serious Incident Response Team, which investigates potential misbehaviour among police officers in NS. He was new to that position, and now SIRT is in the hands of an interim Director. Judge Heerema was a Provincial Prosecutor, who had recently been defending the government's secretive approach to releasing information on the NS mass shooting. The Mass Casualty Commission Progress Monitoring Committee met this week, and released very little information afterwards. It has now been six months since the release of the MCC final report, and few (if any) of the recommendations have been implemented. One recommendation had been to conduct a review of policing in NS. The government announced this week that there would be a review, with the report expected in about a year and a half from now, just before the next election. The same timing is applicable to the other review announced this week, that of the Freedom of Information system in NS. There was news out of the Cape Breton Regional Municipality, where the fire chief, Michael Seth, resigned. It was then revealed that Chief Seth had made a harrassment complaint against four councilors regarding comments made about changes to celebrations planned for July 1st. A report from an employment lawyer found that harassment had taken place. I take a critical view of that report. Finally, the Saskatchewan Supreme Court has granted an injunction against the government implementing an education policy aimed at ensuring parental consent before any student under age 16 can use their choice of pronouns or names in school. Premier Moe has indicated the government will use the notwithstanding clause of the Charter to ensure the policy is followed. I examine the decision, and predict how the issue will play out in courts and legislatures in the months to come.

This week in NS and Canadian law involved stories on the Nova Scotia government deciding not to ban non-disclosure agreements in sexual assault or harassment cases. This decision was heavily criticized, but in my view, not well understood. I try to explain the factors at play, and why the PEI legislation on the topic is not as helpful as some may think. In NS this week, the Court of Appeal rejected MLA Elizabeth Smith-McCrossin's attempt to gain intervenor status in the case dealing with whether the federal or provincial governments have jurisdictional responsibility to ensure the Chignecto Isthmus is safe from rising sea waters. The last of the 12 convicted Burnside Jail attackers was sentenced this week. Matthew Lambert was in jail already on drug charges, which were a factor in this sentencing. In Saskatchewan, a group called UR Pride is taking the government to court over 'parental rights' educational policies, and is seeking an injunction on the enforcement of the policy pending the outcome. Tamara Lich and Chris Barber's trials continued this week in Ottawa. I look back at the Rouleau Commission's comments on the two, and how that may affect the criminal trial outcome. Finally, I discuss international law context of the recent killing of Sikh leader Hardeep Singh Nijar, and the Canadian government's accusation against India. When (if ever) are countries allowed to kill someone in another State?

The Rodgers Brief is back after a summer hiatus. In this episode, I discuss some of the political developments from the federal and provincial cabinet shuffles, as well as my reflections on the Conservative Party national convention in Quebec City, a place that is truly a national treasure as a city. I discuss the Halifax Alehouse attempt to make a Liquor Control Act hearing confidential, with two of their bouncers being charged criminally. On the more national scale, I review the first week of the Tamara Lich/Chris Barber 'trucker convoy' trial, and also the Canadian Civil Liberties Association lawsuit against the New Brunswick Department of Education regarding the changes to a policy that would require schools to obtain parents' consent before using the chosen name of a transgender/nonbinary student.

This is going to be the last video prior to a summer break for the Rodgers Brief. If any major stories arise, I will be back with videos, and regular scheduled weekly analysis will return in September. This week, I review the Supreme Court of Canada's decision in R. v. Basque, where the Court made a major change to how driving prohibitions are done following convictions for driving while impaired. Now, pre-conviction driving prohibition time will count towards a sentence. Also this week, the NS Civil Liberties Association was denied standing to argue that the highway blockade bans in NS in January and February 2022 were unjustified, a decision granting a mother's move to Ottawa with her child was overturned by the Court of Appeal, and a man who was convicted of shooting his brother was found not guilty of intent to endanger his brother's life. Finally, I review the decision of the US Supreme Court to strike down the affirmative action admission programs at Harvard and the University of North Carolina