So, episode 141 – 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.

Buckle up for a extra long episode dissecting the acquittal of of Umar Zameer in the death of Toronto police officer Jeffrey Northrup. We take a deep dive into the bail decision, the completely offside comments by politicians, and why the Crown proceeded with a case that was doomed to fail.

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/2TzUamZ

And 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: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

So, episode 140 – 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 joined by Rhiannon and Peter from the amazing 5-4 podcast to chew the fat on the United Sates Supreme Court, politicization of the justice system, and judicial pooping.

5-4 is a podcast about how much the Supreme Court sucks. It's a progressive and occasionally profane take on the ideological battles at the heart of the Court's most important landmark cases; an irreverent tour of all the ways in which the law is shaped by politics.

Check out all the ways you can listen to 5-4 at fivefourpod.com

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/2TzUamZ

And 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: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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/2TzUamZ

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).

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

So episode 50 - 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.

Today we talk about the CSIS data spying and lying to the court, the RCMP's power grab, and anal intercourse... yep the government in your bedroom.

The Federal Court slammed CSIS for retaining massive amount of information secretly obtained from people who are not suspected of committing any crime. Big bother is watching - read the courts decision here.

- and -

The RCMP wants even more power and is using the media to scare Canadian's into handing over that power. I wrote about it for iPolitics.

- and -

Anal intercourse. It is illegal in Canada - well not really - but it is still in the Criminal Code. The Liberals plan to repeal the unconstitutional law - but it is the lowest hanging fruit. We wonder why the Liberal government is lacking leadership when it comes to Criminal Code reforms.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 49 - 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.

Canada has a new Supreme Court judge - his name is Malcolm Rowe and he seems pretty adorable. He is also an old white guy and his appointment was not without some controversy. The Liberal government has talked about a new era of transparency in the appointment process but all seemed more like a dog and pony show. Emilie was there to watch it all go down.

In less awesome - but totally not surprising news - the Ottawa police are racist. Well they might just be systemically racist - but that is still pretty bad. Worse was the official response to a new study showing that visible minorities are pulled over more than their white counterparts - usually for no reason. We check out the study and throw some shade.

In even less awesome news it turns out that Canadian jails are torturing inmates. They call it 'segregation' - 1,500 days alone, in a small jail cell, with the lights on a 24 hours a day - so ya - its torture. We check in on the troubling and heartbreaking case of Adam Capay. This is only the tip of the iceberg.

Oh and as promised - happy Halloween!!

<img alt="" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1478216423190-59T70YZZHCX0KATA87IG/image-asset.jpeg?format=1000w" />

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 48 - 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.

It has been a long time. Let's catch up: a new house, a new job, a day at Parliament Hill - oh and we put together too much IKEA furnature.

No better time to discuss two strange local cases: an accused who seems to literally shit gold and the micro penis defence.

We also break down the new Liberal legislation that will roll back the prior Conservative government's changes to the victim fine surcharge. The Conservatives made the surcharge mandatory. The Liberals' bill restores the judge's discretion to impose a fair surcharge - no more bad breaking fines for the homeless.

A simple legislative change..... that took a year.

Links and junk:

My iPolitics piece on private members' bills: The Liberals say they have big plans for criminal law. So where are they?

And the response: Because it's the right thing to do: MP Fragiskatos fires back over torture bill

And my testimony on torture and impaired driving:

BILL C-242, an act to amend the Criminal Code (inflicting torture) (House 2016)

Bill C-226, An Act to amend the Criminal Code (offences in relation to conveyances) and the Criminal Records Act and to make consequential amendments to other Acts (Impaired Driving) (House 2016).

And my op-ed: Criminal defence lawyers oil the machinery of justice, and we pay for that privilege.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 47 - 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?

On September 15, 2016 an Alberta judge found Travis Vader guilty of the second degree murder of retired couple Lyle and Marie MaCann. Then the internet blew up - at least the legal corner that I live in. The verdict was televised - a controversial rarity in Canadian courts - and on live TV the judge made a massive mistake.

Vader was found guilty based on a criminal law that has been unconstitutional and of no force or effect for a quarter century.

This week we discuss the Vader verdict and the glaring judicial error. We also dive into the issue of cameras in court and throw some shade at the government for leaving zombie laws on the books.

Law, Politics, and Murder - oh my!

Check out the decision here: R. Vader. Ironically the copy made available by some media outlets is missing page 126. The page where the judge makes his mistake! So much for educating the public. Here is the missing page:

<img alt="" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1474253338780-KAOI9W2K5RBGRJ67PQMF/image-asset.jpeg?format=1000w" />

Read this: Peter Sankoff on the Travis Vader verdict and Canada’s zombie laws, "Surely, Parliament can do more to repair our most important criminal law statute, and killing off dead clauses would be an obvious place to start."

And watch Steven Penny's full Interview with Global and Sankoff's full inter view with CBC - and yes Peter does look like a kick ass super villain.

Be sure to read Ian Hanomansing's piece on the legal profession's irrational resistance to recording court proceedings.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 46 - 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?

Desmond Cole!

The man needs no introduction - journalist, social activist, and civil rights crusader.

Desmond Cole, author of the Toronto Life cover story “The Skin I’m In” about police discrimination against black men won the National Magazine Award's Gold medal for Best New Magazine Writer. Desmond has a bi-weekly column in the Toronto Star and a weekly radio show on News Talk 1010. And he was also the inaugural co-host CanadaLand Commons......

So in the wake of yet another high profile death of a black man at the hands of the police - this time in Ottawa - we sat down to talk with Desmond about police accountability and transparency.

In late July Abdirahman Abdi died in police custody. According to eye witnesses Ottawa police officers beat a hand cuffed Abdi and stood by as he died face down in a pool of his own blood. The police did not administer CPR - instead they tried to confiscate cell phones from bystanders who were taking video.

Abdi was unaramed.

He was also black.

Ottawa's mayor Jim Watson remaned silent for 48 hours (he was on vacation). And since then the mayor has attracted justifiable criticism for backing the police and shouting down those who demand increased police accountability and transparency.

Last week, on twitter, mayor Watson blocked Desmond Cole for this:

@HassanHusseini2 @OttawaPolice @JODYMITIC so you are judge and jury and have all the facts? Let's the independent review do its work

— Jim Watson (@JimWatsonOttawa) August 25, 2016

No Jim, the police acted as judge and jury. Now you're providing cover for their crimes. #JusticeForAbdirahman https://t.co/vUcFlKHwK4

— Desmond Cole (@DesmondCole) August 25, 2016

Watson said Cole has called him name. That was a lie. Strangely I have called Watson names but only after he says stuff like this:

@mspratt so you agree with these outrageous & inflammatory statements? So much for innocent until proven guilty. Feel sorry for your clients

— Jim Watson (@JimWatsonOttawa) August 26, 2016

So there was lots to talk about.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 45 - 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?

Senator Baker returns to talk about the Standing Senate Committee on Legal and Constitutional Affairs' interim report: Delaying Justice is Denying Justice: An urgent need to address lengthy court delays in Canada.

There is a problem with delays in the criminal justice system. Delayed cases harm: the innocent, victims, the community, and the quality of justice - memories fade, the innocent languish in jail, and victims are denied legal closure. So ya - delays are bad.

The Senate's interim report identifies problems and more importantly looks for solutions. Senator Baker walks us through the findings.

Oh - Senator Baker also flatters me and basically volunteers to be a reference for a judicial application. But seriously there is not a more knowledgable, intelligent, passionate, and affable person than Senator Baker.

Emilie and I also talk about some other stuff too - but seriously - it is all about Baker!

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

So episode 44 - 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?

There was so much to talk about we imposed time allocation - 10 minutes per topic.

Breaking Making a Murderer news - a Wisconsin appeal court has just ordered a new trial in the Brendan Dassey case. Check out the full decision here and stay tuned for a full episode on this crazy decision!

This episode we take a quick look at four topics: the new Supreme Court appointment process, two recent terrorism cases, the sentencing of Toronto police officer James Forcilo for the shooting death of Sammy Yatim, and the Ottawa case of Abdirahman Abdi who died while in police custody.

And these are your show notes - there could be links, cases, articles, and much much more..... but it is Friday night... so thats it!

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 43 - 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?

Pokémon!

Yes - there is a way to talk about Pokémon Go! on a legal podcast. Its not just click bate.

Emilie and I also talk about our West Wing rewatch and minimum minimum jail sentences. We hate mandatory minimums and it turns out so did the Bartlet administration.

We save real life for last. There was a new Supreme Court of Canada decision released and its all about the constitutional right to a speedy trial. We chat about R. v. Jordan and a brief history of section 11(b) of the Charter.

It is more fun than it sounds - we even disagree a bit for once!

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 41 - 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?

This week Emilie and sift through the legal and political news of the day and discuss a few topics: Penile Swabs, Cyber Bullying, Trinity Western, and the Ezekiel Stephan sentencing.

The Supreme Court of Canada found that police have the power (without a warrant or any prior authorization) to take penile swabs from suspects - by force if necessary. In our view it is a problematic decision with far reaching privacy implications.

We also discuss the case of Amanda Todd after a Dutch court ruled that a man suspected of cyberbullying the B.C. teen before she took her own life can be extradited to face trial in Canada. And by discuss I mean we totally steal the topic (and some audio) from Jesse Brown's podcast CanadaLand.

Then we move on to the Trinity Western case. Can the Law Society of Upper Canada refuse to accredit a law school with discriminatory and homophobic policies - the Ontario Court of Appeal says YES.

Finally we wrap up our look at the Ezekiel Stephan case. Ezekiel's parents were sentenced and one of them escaped jail - but maybe both should have.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 41 - 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?

This week Emilie and I jumped back into Marking A Murderer and gave one of Steven Avery's lawyers Dean Strang a call.

Of course we chat about the Netflix documentary but we also talk about Dean and Jerry Buting's speaking tour, women in the legal profession, gun control, and much much more...

Hey Ken Kratz - give us a call?

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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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/2TzUamZ

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).

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

So episode 40 - 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?

This week Emilie and I sat down for a chat about jail and justice with Kim Pate.

Kim Pate is the executive director of the Canadian Association of Elizabeth Fry Societies. She is was named a Member of the Order of Canada for her work on behalf of women who are marginalized, victimized or incarcerated.

In short - she is awesome.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 39 - 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?

A bit of a short but special episode this week. I was invited to moderate to Toronto stop of Dean Strang and Jerry Buting's speaking tour - A Conversation on Justice.

Ya - that Stang and Buting - from the super popular Nexflix Documentary Making A Murderer.

So Emilie and I ditched the kids and hopped a train to Toronto for the weekend. It was a fantastic weekend: a crazy hotel upgrade, a packed Sony theatre, a good conversation, and a promise from Strang to do what Buting did earlier this year - come on the podcast!

Emilie and I break down the weekend and share a couple audio clips we smuggled out of the Sony theatre.

<img alt="thumb_IMG_3554-1_1024 2.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768293735-XK7U4V5A0INYQTHZEEPZ/thumb_IMG_3554-1_1024+2.jpg?format=1000w" /><br /> <img alt="thumb_IMG_3542_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768288359-MLLBFC36W8KB6PZHDXYR/thumb_IMG_3542_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_3537_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768286558-407HVX3ZQQQA4EVVTX6C/thumb_IMG_3537_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_1529_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768283038-KUL4TB3947ID05EVDG2P/thumb_IMG_1529_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_1530_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768283259-YTJV7Q4XTNMS3S80CBLE/thumb_IMG_1530_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_3547_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768291056-EGEKZA4U2HA70AR9YVW4/thumb_IMG_3547_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_1534_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768285002-SCNVESZCILPNGH6LPVR9/thumb_IMG_1534_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_1535_1024.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768285459-M3KM5844V3UQQFITCKVJ/thumb_IMG_1535_1024.jpg?format=1000w" /><br /> <img alt="thumb_IMG_3553-2_1024 2.jpg" src="https://images.squarespace-cdn.com/content/v1/51edd344e4b03b9406ed4f62/1465768292823-QK9D4FPLSI9M3E9HB218/thumb_IMG_3553-2_1024+2.jpg?format=1000w" /><br /> <a></a> <a></a>

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 38 - 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?

This week Emilie and I catch up on the last two weeks. She was in China and I kept the kids alive. I also wrote an open letter to Ottawa's Chief of Police about some shocking behaviour by the local cops and then wrote about issues I had with a report on major problems at the Ottawa jail.

But then we dive into the really important and complex issue of medical assistance in dying, the Supreme Court's unanimous decision in Carter, and the government's legislative response - bill C-14.

There are some real problems with the Liberal's new bill. The Alberta Court of Appeal and the Ontario Superior Court both indirectly questioned the constitutionality of bill C-14. The legislation is now before the Senate and Emilie and I reflect on the first day of testimony - including some serious questions raised by constitutional scholar Peter Hogg.

So we sort of nerd out a bit.... Fun.

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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So episode 37 - 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?

This week Emilie and I were joined by Liberal MP for Beaches—East York Nathaniel Erskine-Smith to talk about his private members bill designed to reform some of Canada's animal cruelty laws.

Of course we also could not resist talking about marijuana and a couple other justice issues.

Erskine-Smith has a law degree and a masters in political philosophy and constitutional law. He has worked at litigation firms and has volunteered for the Canadian Civil Liberties Association. He has been an outspoken critic of his own party's drug policy and has raised concerns about the Liberal's assisted-dying legislation.

There has been some misleading criticism of Erskine-Smith's animal justice bill - including by the Liberal parliamentry secretary to the Minister of Justice Bill Blair. So it is great to bring some logic to the discussion.

Justice parlsec Bill Blair currently delivering the most ill-prepared response to a private members' bill in recent memory,

— kady o'malley (@kady) May 9, 2016

Check out Erskine-Smith's bill here: Modernizing Animal Protections Act

And check out this great video blog by friend of the podcast Peter Sankoff that destroys the critic's arguments: Focusing on Bill C-246 - Reforming the Animal Cruelty Provisions of the Code

We also have some new art - it is still new because it is way easier to just copy and past this section each week - from an awesome young designer Parker Mazerolle - serious he is crazy good - go check out his 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.

You can also access the podcast on SoundCloud.

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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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/donate

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/2TzUamZ

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).

Emilie Taman on Twitter: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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/2TzUamZ

We 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: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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/2TzUamZ

A 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!

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 questions

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!

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 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/2TzUamZ

A 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!

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 some

Read her victim impact statement here: Victim Impact Statement

Read her statement on fighting the publication ban here: Statement: Hearing to Lift Publication Ban

And 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/2TzUamZ

A 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!

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/2TzUamZ

A 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!

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/2TzUamZ

A 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!

So, episode 139 – 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 joined by the amazing professor Daphnie Gilbert, who specializes in teaching criminal and constitutional law, to talk about the announcement that the government is delaying (again) the full implementation of Medical Assistance in Dying. 

Daphnie's research interests lie primarily in the Charter of Rights and Freedoms, with a particular emphasis on equality rights, reproductive rights, medical assistance in dying (MAiD), sexual violence, and safe sport/abuse in sport. She is the Vice-Chair of Dying with Dignity and the perfect person to cut through the politics of this very important issue.

But we start with a rant about Conservative leader, Pierre Poilievre's disingenuous spin on car thefts and Danielle Smith's attack on trans youth. Emilie also give an update on the Convoy litigation. Rants all around!

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/2TzUamZ

And 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: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

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/2TzUamZ

A 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!

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/2TzUamZ

A 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!

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/2TzUamZ

A 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!

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/2TzUamZ

A 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!

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-fund

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

A 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!

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/2TzUamZ

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 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/2TzUamZ

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 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

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 429

The 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 Morin

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 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/2TzUamZ

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

So, episode 138 – 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 dive into the murky world of Ontario judicial appointments under the Ford government and the newly released internal documents that show a disturbing pattern of delay raise questions of political interference.

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/2TzUamZ

And 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: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

 

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 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

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

So, episode 137– 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 sit down with journalist Rachel Gilmore. Some call her a lightning rod for the far right,  but more accurately she is a great communicator who delivers excellent short-form news reports that expose misinformation and extremists across all the social media platforms (but not Facebook, sorry olds). 

Because of her journalism Rachel has been on the receiving end of some scary shit - online harassment, stalking, and death threats. And she has spoken out about that too.

Why don't we do a better job or protecting journalists (and basically all non-white men) from hateful and scary harassment? Is it a problem with the laws (no) or a problem of police priorities (definitely yes)?

This episode we break it all down with Rachel Gilmore

You can find Rachel all over the social medias, check out her Linktree.

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/2TzUamZ

And 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: @EmilieTaman

Michael Spratt on Twitter: @mspratt

If you like show spread the word.

Enjoy

 

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