The Docket

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.

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/2TzUamZ

By 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.

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/2TzUamZ

Last 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.

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/2TzUamZ

With 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.

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/2TzUamZ

There 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.

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.

So episode 84 - 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. 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/2TzUamZ

Some light banter before we dive into the meat and potatoes. Emilie won the NDP nomination in Ottawa Centre - let the election season begin. And we dive into the final results of the Best Fictional Lawyer Tournament.

And then we talk about the cabinet shuffle. Jody Wilson-Raybould is out as Minister of Justice and David Lametti - who?!? - it in. We break down how Wilson-Raybould did and speculate about why she was dumped.

So episode 84 - 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. 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/2TzUamZ

A huge thanks to everyone at the #Clawbie2018 awards we are so honoured to have been awarded the Fodden Award for Best Canadian Legal Blog

AND It is time to vote in the quarterfinals of Abergel Goldstein & Partner’s All-Time Best Fictional Lawyer tournament. Each week there will be a new round of voting until one fictional lawyer is crown All-Time Best.

But let’s not bury the lead any further. LOUISE ARBOUR is back to talk about her work as the Special Representative of the Secretary-General for International Migration on the ground breaking Global Compact on Migration. There has been a lot of misinformation about the Global Compact so we went straight to the top to set the record straight.

But before we talk to Louise you will have to listen to us discuss our holiday, the best fictional lawyer competition, and our hot takes on Justice Tulloch’s report on Carding that the Ontario government tried to bury.

So episode 83 - 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.

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/2TzUamZ

It is #Clawbie2018 nomination season. Nominate you favourite legal blog or podcast for this years awards.

It is time to vote in ROUND TWO of Abergel Goldstein & Partner’s All-Time Best Fictional Lawyer tournament. Each week there will be a new round of voting until one fictional lawyer is crown All-Time Best.

And then we talk about the Supreme Court decision striking down the Conservative Victim Fine Surcharge law. The surcharge was a tax on broken souls and in a 7-2 decision the Supreme Court brought back some fairness to sentencing.

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

And now you can join The Docket’s Discord chatroom. What I hope will be a community of legal/political nerds and Docket fans. Ask us questions, listen to live recordings, and join the conversation. Join the Discord channel with this link: https://discord.gg/2TzUamZ

It is #Clawbie2018 nomination season. Nominate you favourite legal blog or podcast for this years awards.

This episode we jump into the debate over who is the best fictional lawyer.

It is time to vote in Abergel Goldstein & Partner’s All-Time Best Fictional Lawyer tournament. Voting opened this week for round one (part 1) - movie and sitcom lawyers. Voting for this first round closes at 5pm on December 9th. Each week there will be a new round of voting until one fictional lawyer is crown All-Time Best.

We also take a shallow dive into the University of Toronto Centre for Criminology & Social Studies criminological highlights to look at the latest data and research on criminal justice policy.

And then we finish off with a conversation about the directive to be issued by the Attorney General of Canada to federal prosecutors regarding prosecutions of non-disclosure in HIV cases.