This week in Canadian and Nova Scotian law stories involves a range of issues from the Mass Casualty Commission to treason allegations, a DUI Charter breach analyzed by the Supreme Court, and problems with the reaction to the knife incident this week at the C.P. Allen high school in Bedford.
The Mass Casualty Commission may be trolling us. Their final report is being released next Thursday, and yet they are still releasing 'new' material, and being coy about how long their final report will be. A report on what should have been a major area of analysis of the MCC, cross border gun smuggling, was released yesterday - and the report was dated July 23, 2020. Also, the Commissioners are telling us that their final report will be between 2000-3000 pages. They may know the actual number by this time, but for some reason are still giving a very wide range.
The NS Department of Justice has released it's business plan, as part of the Provincial budget. There is no mention of the MCC in the list of priority areas, or of police reform.
The National Citizens Inquiry, which is a privately funded initiative looking into the government handling of the pandemic, was in Truro last week. This inquiry has been flying under the radar, though has big ambitions. Hopefully, a credible final report will emerge from the process.
Liberal MP Han Dong has resigned from caucus after allegations emerged that he was undermining efforts to free Canadian hostages Michael Kovrig and Michael Spavor. Journalist Stephen Mahar wondered on twitter whether this could be considered Treason under our Criminal Code, and I examine that question.
The Supreme Court of Canada rendered a decision this week on an impaired driving case. They ruled that, despite the accused being arbitrarily detained, the evidence against him should be admitted, and a conviction entered.
In their Year in Review, the Supreme Court highlighted their independence from government, and included as their featured decision the Bissonette mosque shooter case where they determined the accused could not have consecutive periods of parole ineligibility.
Finally, I look at this week's knife incident that shut down the C.P. Allen High School in Bedford. The Teacher's Union seems to be hinting they need more money for hallway supervision, and the Crown has (prematurely, and problematically) announced that they will be seeking an adult sentence for the 15-year old accused.

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This week in Nova Scotian and Canadian law, I give a preview of the Mass Casualty Commission's final report, which is set to come out March 30th. The MCC stated this week that the report will be between 2000-3000 pages, a statement that seemed designed to ward off 'instant' reactions or critiques as being necessarily ill-considered.
The final decision on the search warrants issued about Gabriel Wortman's properties was delivered last week. I take a look, and discuss how the police and governments can be more transparent.
On government transparency, Parker Donham had a decision go against him regarding an application under freedom of information legislation. He was seeking information on the Seal Island Bridge, and opposed the granting of an extension of time for the government to provide the information.
In a small claims court case released this week, a dog breeder successfully sued a couple who bought a White German Sheppard, and then had it neutered, in violation of their contract with the breeder.
There was a decision released this week on riparian rights in Nova Scotia, which is the right of anyone who owns land adjacent to waterways to access navigable waters from their shoreline. This lawsuit arose when neighboring property owners built a wharf that interfered with the ability of the plaintiff to access waters from her property.
Finally, I look to an open letter on the federal government's efforts to craft legislation on online safety, signed by a dozen or so civil liberties organizations.

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This week in law, I discuss my day at the Applied Forensic Psychology Day at St. F.X., the successful appeal by former IWK CEO Tracy Kitch, how a Quebec Judge says giving 'the finger' is a god-given right, the Province of NS's defense to the Allison Holtoff lawsuit, the trial of retired RCMP officer Kevin O'Brien on an allegation from 29 years ago, and an erroneous video on the distracted driving laws.

Finally, I review the Tim Horton's App case, and conclude that Tim's has more questions to answer and information to provide to contest 'winners' and the public, and how they should probably just go back to the physical rolling rims.

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The big stories this week in Canadian law are the New Brunswick Court of Appeal decision on Justin Bourque, the killer of three RCMP officers in 2014, and the attempts by the Chinese government to influence the past two Canadian federal elections. There were also two big stories out of the United States. In one, South Carolina 'legal dynasty' heir Alex Murdaugh was found guilty of murdering his wife and son, in a case that could be a John Grisham novel. In the other, a Special Grand Jury foreperson in a claim against former President Trump has been giving interviews to whoever will have her on, a scenario that would be unheard of in Canada.
In the video, I also cover the new Nova Scotia Supreme Court protocols on appearances by video or phone, as well as the news that retiring RCMP Commissioner Brenda Lucki was scheduled to speak on "Handling Mass Casualty Events" at the World Police Summit in Dubai next week. Soon after that news was discovered, it was announced that Commissioner Lucki would not go to the Summit, for 'personal reasons'.

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This week in Nova Scotian and Canadian law, I start with an analysis of the Mass Casualty Commission announcement that they are releasing their final report on March 30th in Truro.
Next, I review the strange case out of Musgrave, NF where a municipal councilor was re-instated by the Court after having been removed for violating the Town's vaccine mandate.
Next, I review the William Sandeson jury verdict, where they found the Dal Med student guilty of 2nd degree murder. There was also this week an insightful decision on Sandeson involving a violation of rules at the Burnside Jail, where the Justice involved did not find Sandeson to be a credible witness.
The family of Allison Holtoff is suing Nova Scotia Health, after Ms. Holtoff died in the hospital in Amherst after waiting over seven hours to be seen.
Former MLA Hugh MacKay managed to avoid jail time in his second DUI conviction, after pleading guilty to drinking and driving in 2018. The details revealed at sentencing were troubling in several senses.
Antigonish Town and County are pursuing amalgamation, but it is being delayed by a group of County citizens who are taking the municipality to court over the procedures adopted. A future court date has been set for July, making it unlikely that the Province will introduce legislation this spring effecting the amalgamation.
The Ecology Action Centre has successfully appealed their denial of public interest standing in the re-alignment of the road around the proposed Pieridae LNG plant in Goldboro. I discuss what that means for the project.
Finally, I go back to last week's report from Justice Rouleau following the Emergencies Act Inquiry.

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The Public Order Emergencies Commission report was released this afternoon. I review the legal questions arising from the inquiry, and analyse the report from Justice Rouleau.

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This week in Nova Scotia and Canadian legal news, the biggest story is the early resignation of RCMP Commissioner Brenda Lucki. Commissioner Lucki was under fire for her performance during the Freedom Convoy, as revealed in the Emergencies Act Inquiry. As well, she was featured in some controversial moments in the Mass Casualty Commission in Nova Scotia. I argue that she was made a scapegoat in that scenario. The next Commissioner is going to have a difficult job to do, potentially being tasked with a re-imagining of the RCMP as an entity.

The NS Court of Appeal released their decision on the Crown appeal of the acquittal of Colin Tweedie regarding the death of a young girl he struck with his car near Sydney. The Court said that the trial judge failed to apply the proper laws on impaired driving, and also failed to consider the issue of willful blindness as to whether he had struck a person rather than a deer, as he claimed.

In Kentville, two Town Councilors were in court over a property deal on Main Street. One Councilor had bought the property to build apartments, but when constructions deadlines were not met, the Town voted to revert the property back to Town ownership. The Councilor who wanted to develop the property alleged that another Councilor who also owned apartments should not have voted. The NS Supreme Court disagreed.

Finally, I review the closing arguments in the William Sandeson jury trial. As I recorded this, the judge was giving the jury instructions before the go off to deliberate. I analyze the closing submissions, and give some predictions for what the jury may decide.

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I start this episode by discussing a visit I had with 4th year forensic psychology students at St. F.X., their thoughts on my Deficits of Trust report, and on the psychology of the killer, Gabriel Wortman.
This week also saw the federal government file its defense to the lawsuit started by Wortman's spouse, Lisa Banfield. I discuss the strengths and weaknesses of the defense.
The murder trial of William Sandeson took a dramatic turn this week, with Sandeson himself taking the stand and (for the first time) claiming that he shot Taylor Samson in self-defense. I go through he claims, and evaluate how the Crown's case is now looking, as well as what kind of special instruction the judge may now have to provide to the jury.
This week in Canadian law, non-disclosure agreements and bail reform were under discussion at the Canadian Bar Association conference. Justice Minister Lametti suggested that the federal government will heed the calls from the opposition and the Premiers to make changes to our bail system for alleged offenses where guns are involved.
I also review the change of plea for former MLA Hugh MacKay, the proposed class action lawsuit against the Canadian Hockey League, Dalhousie Law students claims of racism, and the Law Society of Alberta vote on mandatory education on indigenous legal culture and traditions.

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The NS Mass Casualty Commission issued an update this week on their progress, as we approach the March 31st (extended) deadline for their report. I review the update, and a talk with St. F.X. students I will be giving this week.
Small Claims Court Adjudicator, Tuma Young K.C. issued a decision this week in the Mi'kmaw language. In doing so, he referenced the Mi'kmaw Language Act which was passed last year, and which enshrined Mi'kmaw as Nova Scotia's 'first' language.
The devolved Scottish Parliament in Edinburg is attempting to pass gender recognition legislation that is generating major controversy and push-back in the UK. Canada has been cited as an example by the governing SNP of how such legislation might operate.
British Columbia is starting a three-year pilot project, with the approval of the federal government, to legalize the possession of up to 2.5 grams of hard drugs, in an effort to treat the issue as one best primarily dealt with as a public health matter. I discuss how this is expected to work, and why it does not directly address the main cause of the thousands of deaths this policy is designed to prevent.
Finally, I review two cases released by the Supreme Court of Canada last week dealing with Charter challenges to the validity of mandatory minimum sentences in cases involving gun violence. The defendants claimed that reasonable hypothetical situations showed that the mandatory minimum sentences amounted to cruel and unusual punishment. The Court agreed in one case but not in the other. I explain why, and why some may prefer Justice Cote's dissenting opinion in the one where the Court struck down the law.

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