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Quebec woman avoids jail for sex assault on son
A 55-year-old woman has been given a conditional sentence, to be served in the community, for sexually assaulting her teenage son.
Journalistic privilege
Paper fights to shield its source
Tonda MacCharles writes for the Toronto Star:
The constitutional guarantee of a free press is “meaningless” if it does not protect journalists from being forced to reveal the identity of confidential sources, media lawyers argued Wednesday before the Supreme Court of Canada.
In the second case this year revolving around the role confidential sources play in freedom of the press, lawyers for The Globe and Mail, a group of Quebec newspapers, the Fédération des journalistes professionelles du Québec, and the Canadian Civil Liberties Association urged judges to shield the identity of a source key to the reporting of the sponsorship scandal in Quebec.
If the client-lawyer relationship is privileged, why shouldn’t the journalist-source relationship be privileged too?
Canada’s own version of SEC to be vetted by Supreme Court
Ottawa to seek top court ruling on single securities regulator
Unlike the US, Canada doesn’t have a national securities regulator. Canadian constitution is somewhat equivocal in its division of powers between provinces and Ottawa. It sounds like a good idea for the federal government to refer its plans to the Supreme Court before spending money and influencing securities markets. Especially, since one province is not happy about these plans at all.
Les Whittington writes for the Toronto Star:
[Flaherty] has been supported by the province of Ontario and many other provinces. But the province of Quebec is against a single regulator, which it considers an infringement on its political autonomy under the constitution.
Corruption
Montreal Mafia controls 80 per cent of road contracts, whistleblower says
“There is a group that controls contracts on [Montreal] Island, passing them around, one after the other, we call them the Fabulous Fourteen,” said Paul Sauvé, a contractor who says he was threatened into making political contributions for a contract to restore the roof on Montreal City Hall.
Where is Transparency International when you need it.
Corruption alleged in high circles
Former Quebec lieutenant-governor facing charges
Rhéal Seguin writes:
Quebec’s former lieutenant-governor Lise Thibault is facing criminal charges involving fraud, breach of trust, forgery and fabrication of false documents related to the misspending of public funds during her ten years in office.
Crown liability for negligent release from jail
Father seeks compensation for son killed by pedophile
Bastien was out on an extended pass from a detention centre where he was serving time for several unrelated offences.
Three weeks after the slaying, then-public security minister Serge Ménard said Bastien shouldn’t have been let out.
Don’t drink and drive, or else…
Is a repeat drunk driver a dangerous offender?
Should the courts crack down on people with multiple drunk driving convictions?
Toronto Star reporter Carmen Chai writes:
A Quebec judge will decide this week if a repeat impaired driver will be branded as a dangerous offender … a designation typically reserved for murderers and serial rapists.
Definition of marriage again
‘Lola’ continues fight for common-law alimony
Judge Carole Hallee ruled against Lola last month, saying there wasn’t evidence unmarried partners were being discriminated against, and that to recognize all couples in a relationship of permanence as “married” would deny people the choice not to marry.
There are Ponzi schemes in Canada too
Financier out on bail as bilked victims fume
Jones is accused of defrauding up to 200 investors, many of them elderly, of between $30 million and $50 million in what Quebec’s financial securities regulator believes was an intricate Ponzi scheme.
Lottery Winnings Denied for Being 7 Seconds Late
A lottery winner has been denied his fortune because his lottery ticket was processed a mere 7 seconds after the day’s deadline.
Joel Ifergan of Montreal walked into a convenience store just a couple of minutes before 9:00pm to buy lottery tickets. The clerk informed him that he only had a short time to make the purchases before the deadline for that day’s draw would pass.
Ifergan bought two tickets for Lotto Super 7. Both were purchased just before the 9:00pm deadline.
But a lag in the lottery system’s processing time meant that the purchase was only approved on Loto-Quebec’s end at 9:00:07 – seven seconds after the draw deadline.
Later, Ifergan would be shocked to learn that he had hit all 7 winning numbers.
7 winning numbers, but 7 seconds late.
“When we met with a Loto-Quebec lawyer and two of their technicians at the depanneur, they told us there was a 10 to 12 second delay in transmission time.”
That being the case, Ifergan believes Loto-Quebec owes him $13.5-million.
“My purchase and request for the tickets was done, if we calculate it backwards, approximately 8:59:43,” he said. “Due to transmission delays it was processed at 9:00:07.”
Loto-Quebec refuses to pay, however, and the case is now moving to litigation.
This case raises some interesting questions about the nature of offer and acceptance of contracts, which happens to be the subject our 1Ls are studying right at this time.
Does the transmission delay – the fault of Loto-Quebec – mean that the contract fails? If the terms of the lottery agreement require that a ticket be purchased before 9 pm, does the purchase take place at the moment Mr. Ifergan asked for the ticket, or when the ticket was processed by Loto-Quebec computers, or when the money was handed over?
These are all interesting questions for the law student to ponder.
Personally, I have a feeling that Mr. Ifergan will be a millionaire after all – as will his lawyer!
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