The Docket

So, episode 111 - a new record.  But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should.

It is time to talk about government ethics.

From Duffy, to the Aga Khan, to SNC Lavalin, to WE - why all the scandals? Are there legislative fixes to be fund in the Ethics Act, or the Lobbying Act, or the Criminal Code?

Is this all normal?

This episode we are joined one of our favourite pundits and columnists Andrew Coyne (13:20) to look at Ottawa and its problems wit ethics.

Remember, you can self-isolate in The Docket’s Discord chatroom.  Join the Discord channel, take part in  the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

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

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

So, episode 109 - a new record.  But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should.

For the past year the Canadian government and Minister of Justice David Lametti have been clear that they don’t have the power to stop the extradition proceedings against Huawei’s chief financial officer Meng Wanzhou.

“Canada has an independent judicial system that functions without interference or override by politicians,” Trudeau told reporters during one of his daily press conferences on COVID-19.

The Department of Justice told investigative journalist Justin Ling that "the Minister does not personally make any decisions related to an extradition proceeding until and unless the judge commits the person for extradition."

And David Lametti told the Toronto Star that he could not politicize the legal process, “as a matter of a political decision, created what I think is an excellent process, which is to say a section in the government will treat this [Meng] case neutrally as it runs through the courts, and the minister of justice will not have any say in the matter.”

But, the recent release of a legal opinion provided to the government by criminal lawyer and extradition expert Brian Greenspan, supported by Allan Rock, a former Liberal justice minister, and by former Supreme Court justice Louise Arbour, among others, persuasively exposes the government’s prevarications about their authority and powers in the Meng case.

This episode we sit down with Brian Greenspan to talk about is legal opinion and discuss why the government is wrong when it says it can’t act and talk about why they maybe should

Remember, you can self-isolate in The Docket’s Discord chatroom. 

Remember, you can join the Discord channel, take part in  the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

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

So, episode 108 - a new record.  But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should.

I has been a frustrating week.

We start with a discussion about the protests that have swept the world following the tragic murder of George Floyd by the police and the hypocrisy of politicians.

Speaking of politicians, we move on to talk about the misrepresentations about a recent Ontario Court of Appeal case that found the Criminal Code’ prohibition on the defence of extreme intoxication unconstitutional. It all started with headlines that falsely claimed that the Court of Appeal ruled that being drunk was a defence to sexual assault. The NDP started a petition, and again misrepresented the issue. The issue is complicated. The constitutional considerations are intricate. And sexual violence is a big problem. But misrepresentations can do damage - so we break it all down.

We end thing off taking about a recent Supreme Court of Canada case on dial-a-dop entrapment schemes. Should police detect crimes or create them?

Remember, you can self-isolate in The Docket’s Discord chatroom.  Join the Discord channel, take part in  the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing!

And we have a new sponsor - listen carefully for an important message from good friend of the podcast Peter Sankoff.

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

So, episode 107 - a new record.  But you know that right? Because you subscribe to the show and have already rated and reviewed the podcast - right? You should.

This episode we pay a virtual visit to Mrs. Darling's grade 11 Understanding Canadian Law class at Haliburton Highlands Secondary School to answer some really great legal questions. Is mental illness a valid defence? If you help plan a murder with someone and et in trouble even if you back out? Can you refuse a breathalyzer? What happens if a minor is caught drinking underage? 

All of the students’ questions were amazing. And we had a blast answering them!

But before we jump into the questions we take a quick look at the B.C Superior Court ruling on the double criminality question in the extradition case of Huawei executive Meng Wanzhou. Extradition is a complicated area of law, maybe so complicated that our politicians don’t fully understand it?

Remember, you can self-isolate in The Docket’s Discord chatroom. Join the Discord channel, take part in the ongoing chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ

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

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

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 timeline 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

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

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

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