deference
Doctors and Discipline: Deference to the Penalty Decision in College of Physicians and Surgeons of Ontario v Peirovy
On January 17, 2017, the Divisional Court at the Ontario Superior Court of Justice ruled on College of Physicians and Surgeons of Ontario v Peirovy, 2017 ONSC 136 [Peirovy], creating questions about the degree of deference courts should afford to disciplinary committees in self-governing professions. Peirovy has since been granted to leave to the Ontario […]
Let’s Talk About Lacasse, Part 2: The Implications of Lacasse for the Sentencing Process
This is the second part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]
Let’s Talk About Lacasse, Part 1: Raising the Standard for Appellate Review of Sentencing Decisions
This is the first part of a two-part series on the Supreme Court’s decision in R v Lacasse. Part 1 discusses how the majority decision in Lacasse raises the standard for appellate review on sentencing decisions. Part 2 highlights two problematic aspects of Lacasse: the majority’s unconvincing reasoning in justifying a high standard of review and […]
With Divided Medical Evidence in NCR Case, ONCA is Deferent to Jury: R v Downs
The not criminally responsible ("NCR") regime is currently the subject of media and public scrutiny, with the proposed reforms of Bill C-14 (formerly C-54; Not Criminally Responsible Reform Act) in the Senate. In the recent decision of R v Downs, 2014 ONCA 20 [Downs], the Ontario Court of Appeal ("ONCA") reviewed a case in which an […]