The Rodgers Brief

This week, I examine several cases involving juries, Jeremy MacKenzie's efforts to have his NS charges dismissed, the expanding scope of video testimony, and justice spending in the new federal budget. First, on the 4th anniversary of the Portapique shootings, the NS Minister of Justice has resigned after his comments on domestic violence not being an 'epidemic'. I discuss those comments, as well as the lack of apparent effort on the Government's part to make the changes to domestic violence policy that the MCC recommended. I also briefly discuss the first dog to be subject to a custody order (in BC), and a Saskatchewan father convicted of violating a custody order when he tried to keep his daughter from getting the Covid-19 vaccine.

This week, the Foreign Interference Inquiry heard interesting testimony from Han Dong and Erin O'Toole. I discuss that testimony, the benefits of the inquiry process versus the Special Rappatour option the government wanted, and reforms needed to the Security and Intelligence Threats to Elections Task Force. The Justice Minister was interviewed by Althia Raj regarding the proposed Online Harms Act. The Minister was on the defensive throughout, and did little to ease fears that this government is overreaching on the restrictions to free speech contained in the Bill. A case out of Calgary is showing how courts will handle Medical Assistance in Dying cases on the margins. Here, the person asking to die is 27 years old, has Autism, and evidence from her father raises questions as to whether she is indeed suffering significant physical ailments. Finally, I look to the Mass Casualty Commission report one year on. The RCMP have provided an update on their efforts to implement the report recommendations, and the Province of Nova Scotia has provided a brief update as well.

Lots to cover this week after no show last weekend. The big, but underreported, story is the Federal Government appealing a decision of the Federal Court on the country-wide shortage of judges. The Chief Justice wrote to the Prime Minister about the issue, which generated a declaration from the Federal Court that the government should speed up the appointment process. Now, the government is saying that the letter from the Chief Justice is heresay, and not evidence that should have been relied upon. Quite a thing to say about the CJ. I also cover the lack of a Charter statement on the new Online Harms Act, an attempt to restructure how junior hockey players are assigned to teams, the closing of the elver fishery, a Michigan father convicted of manslaughter for his son's school shooting, a not guilty plea in the Shelburne forest fire, the failed attempt to keep the Alehouse Liquor Control Act hearing secret, and the Bedford teen who was charged with attempted murder in a school stabbing incident at C.P. Allen High School.

As we get into March Break, there are some important legal stories to cover. This week, I start with some celebrity legal news from the US - the armorer on the set of the Alec Baldwin movie, Rust, has been convicted by a jury of mishandling the ammunition that lead to the death of the cinemetographer of that movie. There was controversy in the Iditarod, when a moose encounter lead to a two hour penalty to one of the top drivers. Also, the US Supreme Court has ruled that former President Trump cannot be barred from being on the ballot by individual States. The big Canadian legal news this week was the introduction of the Online Harms Act, the latest attempt by this government to regulate the internet. This legislation has some good elements when it comes to child protection, but goes too far in creating a new bureaucracy to monitor online speech. I also review the news that the government has not made changes to the Emergencies Act, as recommended by the Rouleau Commission Report. In Nova Scotia legal news, Cassandra Desmond has been found not guilty of aggravated assault and assault with a weapon in an incident that took place on the fifth anniversary of the Desmond family tragedy. There was video of the entire incident, which Justice Hoskins said clearly showed Ms. Desmond was acting defensively the entire time. She should never have been charged. There is a class action coming regarding jail lockdowns in NS, which seems likely to be certified. Finally, there are two developing areas of law that emerged this week. One is a magic mushroom dispensary in Vancouver which has been granted a license to operate. This is similar to how cannabis legalization began to take root. Also, in Quebec, the Canadian Civil Liberties Association is helping on an appeal regarding suspicionless police stops ... which happen every day all over Canada, but which are also at risk of engendering racial profiling.

This week I start with some Nova Scotia news - four judges have been named to new positions within the NS judiciary, the Bar Society issued a "clarification" on media coverage of Lyle Howe's Court of Appeal victory, and former Better Business Bureau President Peter Moorehouse was sentenced for child pornography offences. Nationally, several stories caught my attention. Cameron Ortis has appealed his conviction for sharing secrets with targets of Canadian intelligence investigations, Nathanial Veltman's sentencing concluded with a declaration that he engaged in "terrorism" in killing four members of a Muslim family with his truck in 2021, Trucker Convoy personality Chris Barber is suing the federal government over his accounts being frozen, and two human rights groups have dropped out of the Foreign Interference Inquiry over fears that other participants' access to information may put them in danger. I conclude with a story about pets rights in separations or divorce. British Columbia has enacted a law describing how such matters should be decided by courts when called upon to do so. This is the first law of its kind in Canada, and one that I can see being replicated in other jurisdictions.

This week I review how the Election Interference Inquiry is going to address evidence where there are national security concerns by the government. This has been dealt with by the Arar and Air India inquiries, and has the potential to delay or undermine an inquiry, if not handled properly. There were three Nova Scotia cases in the news this week. Kayla Borden's claim that her arrest by Halifax Regional Police in 2020 was racially motivated was rejected by the NS Supreme Court. Fenwick MacIntosh's effort to sue the victims of his sexual assaults for defamation was rejected by the Court of Appeal. Also, the Halifax Regional Police have laid a charge of 'personation' against the person that former PC candidate (and later advisor to the Minister of Immigration) Nargis DeMolitor claimed to have posted to her twitter account. This anti-Semitic post lead to Ms. DeMolitor being fired by the government. Finally, I review the unusual decision in Saskatchewan to allow a Charter claim to continue, despite the government's invocation of the notwithstanding clause.

This week saw the first court appearance of the five 2018 Canadian Junior hockey team players accused of sexual assault. I review their first appearance, and explain how the situation is being manipulated by the London Police and/or Crown, and what that means for the outlook of the case against the players. Cameron Ortis, the former Director General of the RCMP National Intelligence Coordination Centre, was sentenced to 14 years in jail after being convicted of passing on secret information to targets of Canadian intelligence officials. In Michigan, the mother of a 15-year old school shooter has been convicted of four counts of involuntary manslaughter. I discuss how that can happen, and whether that could take place in Canada. Finally, I review the Court of Appeal win for disbarred Nova Scotia lawyer Lyle Howe. Mr. Howe, a talented young lawyer, is alleging that the Bar Society engaged in malicious prosecution against him, and the Court of Appeal is allowing him to make that claim after it had been dismissed by a motions judge last year. I finish off with my pick for the Super Bowl, which should be a great game!

This week saw the release of the long-awaited Desmond Inquiry report. As one of the lawyers involved in the inquiry, I provide my perspective on the final report of Judge Paul Scovil. I discuss the four main themes of the recommendations, the transition from military to civilian life, intimate partner violence, health services for African Nova Scotians, and gaps in firearms licensing. I discuss the impact of the highly unusual decision to replace Judge Warren Zimmer after the hearings had been completed, and while he was in the midst writing his final report. There was a missed opportunity to draw attention to PTSD with dissociative episodes. There was considerable evidence that Cpl. Desmond had dissociative episodes, and that he may have been in the midst of one at the time of the tragic deaths. Finally, I gauge the reactions from the provincial and federal governments, and assess the likelihood that the recommendations will be implemented.

This week, I focus on two stories. First, five players from the 2018 Canadian junior hockey team are set to be charged this week with sexual assault. I review some of the evidence, and possible outcomes. Also, the Federal Court has declared that the government was unreasonable in invoking the Emergencies Act to combat the trucker convoy/freedom protests in Ottawa. I dive into the decision, including possible lines of appeal or legislative amendment. To start, I note that the final report of the Desmond Inquiry will be released this week, and I discuss a visit I had this week to the Mi'kmaq Friendship Centre in Halifax.

This week, I focus on some Nova Scotia-based cases, as well as the Supreme Court decision on a Quebec police officer, Jordan Peterson's rejected appeal, and the upcoming Parliament. In Nova Scotia, a 22-year old has been charged with setting the Shelburne fires, former political staffer and candidate Nargis DeMolitor has sued the Premier for wrongful dismissal and defamation after she was fired for an anti-semantic tweet, and a judge has declared that the rampant lockdowns in NS jails are illegal. Following up on some cases discussed in earlier videos, Ernest MacEvoy has been sentenced for aggravated assault after shooting his brother in the leg with a shotgun, and a Bedford teenager is seeking to have his attempted murder charge tossed due to Charter violations. The Supreme Court of Canada has upheld the conviction of a Quebec police officer who was on long term medical leave, and was convicted of fraud over $5000 for minimizing his ability to work while on leave. This will reverberate through employment law circles. Jordan Peterson has lost his bid to have the Ontario Court of Appeal hear his appeal of a requirement by the Ontario College of Psychologists to have him take mandatory social media training. Finally, I look ahead to the upcoming session of the House of Commons, which will include debates on legislation dealing with cross-border device privacy, offshore energy development, and RCMP oversight, along with the public inquiry into election interference.

This week, I start by reviewing the Cameron Ortis sentencing hearing, including the intervention of Michael Kovrig, who wrote a letter in support of Ortis that brought to mind the movie 'Catch Me If You Can'. I explain why the Crown and Defense positions can sometimes be so far apart from one another. Next, I discuss the RCMP's failure to meet their year end deadline to submit a response to the recommendations of the Mass Casualty Commission. Also, I review the stalled efforts to have the wrongful conviction of Glen Assoun investigated, and what SiRT should do next. The Prime Minister took another Christmas vacation to Jamaica, and is now the subject of another complaint to the Ethics Commissioner. There have been conflicting statements from the PMO and the office of the Commissioner. I review the Conflict of Interest Code to try to provide clarification. Then, I look internationally to the case brought before the International Court of Justice by the South African government, accusing Israel of genocide, looking at the merits and the politics of the allegations. Finally, I comment on the difference between Canada and the United States when it comes to elected judges (wherein I work in a Bob Dylan quote), and how that is manifesting itself in the various cases involving Donald Trump.

Happy New Year! I hope everyone had a restful and enjoyable break. This week, I start with a few words about the 7th anniversary of the deaths that lead to the establishment of the Desmond Inquiry, and where that process currently stands. I congratulate Dr. Margo Watt on her new book on forensic psychology, and encourage non-academic readers to give it a look. Dennis Edney, long time lawyer for Omar Khadr, died this week at age 77. I remember Mr. Edney, an award winning lawyer for his pro bono work. The RCMP has closed it's case on the fires that raged on the outskirts of Halifax last summer. Residents are upset with the manner in which they found out this information. A teacher from the Annapolis Valley has been cleared of sexual assault charges which arose in 2019. Judging by the court decision, the case never should have gone on for as long as it did. Bill C-48, the bail reform legislation, is in force, and has brought some significant changes to how bail hearings will unfold for those charged with weapons or intimate partner violence offences. The Conservative Party has been denied full standing for a second time in the Foreign Interference Inquiry. I discuss what that means, and what we can expect from the Inquiry. Finally, I look south to the machinations involving former President Trump. The Colorado Supreme Court has ruled that he is not eligible to be on the Presidential ballot in that State. I summarize why they have said that, and what I expect will happen when the case reaches the Supreme Court of the United States.

For my final Rodgers Brief of 2023, I cover this week's extremely vague and unhelpful update from former Justice Linda Oland on the progress of implementation of the MCC recommendations, after two days of meetings with the 16-member implementation committee. Related to the MCC, I also discuss the controversial sale of decommissioned Cape Breton Regional Police vehicles, some of which still had police markings on them. Also, I discuss a case out of Sydney where three daughters were arguing over where their mother's ashes should be buried. This is the first such case in Canada where such a dispute has made it to court. Next, I review a case in New Minas were a man accused of accessory after the fact and criminal negligence causing death made a confession and agreed to a reenactment after 6 hours of police questioning, while not being told that a senior Legal Aid lawyer was willing to meet with him in person. Finally I turn my gaze south to the ongoing Special Prosecution of former President Trump by Jack Smith. The US Supreme Court has agreed to an unusual application to hear arguments on the question of whether a President is immune from criminal prosecution while in office. I give my prediction for what they will decide. Thanks to everyone for watching and listening this year, and I will see you early in 2024!

This week, I review the reason for, and impact of, the inquiry on foreign interference decision on standing, which limited political parties' participation. Also, newly appointed Chief Judge Perry Borden has initiated a complaint against Judge Al Begin, over a decision I covered last week where the Court of Appeal overturned a decision of Judge Begin. Finally, the citizens group challenging the Antigonish Town and County councils over their approach to consolidation were dealt a setback with a decision from Justice Gabriel about the validity of the motions the two councils adopted, which asked the Provincial government to enact special legislation to consolidate the two municipal units.

This week in law, the Serious Incident Response Team's interim director is busy revisiting cases - the Onslow-Belmont shooting during the NS Mass Shooting, and the wrongful conviction of Glen Assoun. The NS Court of Appeal had harsh words for Provincial Court Judge Alain Begin after Judge Begin made remarks about an accused before closing arguments, and then tried to have those comments removed from the record that would go to the Court of Appeal. After the Randy Riley not guilty verdict, the Witness Protection Plan tried to have a publication ban made retroactive, but were rightly turned down by Justice Arnold. Finally, I discuss the housing crisis, and how courts are likely to treat any efforts to remove tent encampments from public property. Also discussed in this episode, the UK hockey manslaughter charge, President Trump's efforts to be declared immune from criminal prosecution, and the Cameron Ortis guilty verdict.

This week in law, we have seen a very unusual charge out of the United Kingdom. A hockey player has died as a result of a collision on the ice, where the skate from the opposing player hit him in the neck and ultimately led to his death. Prosecutors in the UK have charged Matt Petgrave, the other player, with manslaughter. I describe what manslaughter is supposed to mean, and how it might apply in this case. Other cases being covered this week are the closing of the Cameron Ortis trial, the Nathanial Veltman terrorism verdict, the verdict in the murder trial of U.S. cyclist Moriah Wilson, the Supreme Court of Canada's rejection of the Crown appeal of former IWK CEO Tracy Kitch, and a DUI case out of Truro where the issue of whether police can knock on a door and ask questions of the occupants. Finally, I examine the remarks of Karim Khan, the chief prosecutor of the International Criminal Court, who visited the southern border of the Gaza Strip. His main purpose was to put participants on notice that the ICC was watching matters closely, and were actively investigating the actions of Hamas that started the conflict.

This week saw the end of the fall sitting of the NS Legislature, with long sitting days, and a few pieces of legislation passed, as the PC government passes the halfway point of its mandate. The trial of Cameron Ortis, the former Director of the RCMP Operations Research group, a high level intelligence unit, brings to mind what would happen if Ethan Hunt or James Bond were brought to trial. Ortis is alleged to have shared secret information with money launderers, while he claims to have been trying to root out moles in the upper echelons of the RCMP. At the same time, the National Security and Intelligence Committee is looking to change the way the RCMP is structured. It is not clear that anyone with the power to make those changes is paying attention. In BC, a husband in a highly acrimonious divorce was convicted of voyeurism after his wife found a hidden camera in their bedroom. In NS, two cases involving large amounts of money stolen - in one, former investment advisor Quinton Sponagle is at risk of going to jail if he does not pay back $1.1 million stolen. In another, Dawn Ellis-Abbot is found to have stolen $3.2 million from Millbrook First Nation. Finally, I look to the appeal of the stay of proceedings involving Dr. Fashoranti, a doctor in Amherst who had been accused of sexual assault against three patients. This case raises serious question about the conduct of the crown prosecutors on the case.

First, a look at the big political story of the week - the government announcing a carve out of the new carbon tax for those heating with oil. This announcement has been criticized from all sides, and may be the biggest political blunder of this government. Notably, it appears to have been spearheaded by the NS MP's, lead by Atlantic Caucus Chair, Kody Blois, who briefly practiced law before being elected. Other national stories I discuss include the recommendation that responsibility for correctional services for Indigenous offenders be devolved to those communities, as overrepresentation of Indigenous offenders in federal prisons has climbed again in the last ten years from 25% to 32%. I also review the Foreign Interference Inquiry, which is going to look into interference into the 2019 and 2021 elections. In Nova Scotia legal news, William Sandeson has been denied bail by our Court of Appeal, new Judge Bronwyn Duffy was critical of police for not ensuring there was strong identification evidence in an prowling/arson trial, and Judge Del Atwood assisted a self represented accused on a resisting arrest charge. Finally, I review the tragic death of Hollie Boland this week in Cole Harbour, and the questions it raises about the bail system in Nova Scotia. The questions are fair, though I am concerned with some of the comments coming from the President of the Crown Prosecutors Association of NS about the incident, and discuss why.

This week in law, I examine why Crown Prosecutors in Nova Scotia are speaking out about the frailties of the NS justice system. I compare some of the early information from the Lewiston, Maine shootings to the NS Mass Shooting and lessons learned through the MCC. There is a new Supreme Court of Canada Justice - I cover the suspect reasons for the vacancy, and the process for appointing a SCC Justice. John Carpay and Randal Cameron, the lawyers behind the effort to follow a judge around with a private investigator during the covid lockdowns, have been banned from practicing law in Canada for three years as part of a plea deal. I examine that situation. Finally, I cover two NS cases that were published this week - one a sad story of a missed diagnosis on a newborn, and the other an unusual case of the Crown applying to have a defense lawyer removed from a homicide trial.

This week, I review a Dalhousie Law School graduate who challenged the Alberta Law Society's requirement to swear allegiance to the Queen, the Federal Crown asking the court to impose a retroactive publication ban (and then threatening to charge the Halifax Examiner with violating that publication ban) after an embarrassing display from a witness protection program witness, indigenous fishers charged in 54 cases in Nova Scotia, and a warning from the Supreme Court of NS about lawyers using artificial intelligence in their legal arguments. Before getting into the big stories, I mention the Trump lawyers who plead guilty this week to election interference charges, the Saskatchewan Parents' Bill of Rights passing, and the five year anniversary of the legalization of cannabis in Canada.

This week I look at some prominent cases brewing in Nova Scotia, along with a few situations of national scope. In NS, Provincial Court Judge Rickola Brinton is suing the Provincial Court and the former Chief Judge over trying to get her to declare her vaccination status back in 2021. Judge Brinton is looking to stay on long term disability and be paid out until she is age 65 over the issue. The federal crown is threatening to charge the Halifax Examiner, over their coverage of the Randy Riley trial, particularly their publication of details of a witness who appears to have been abusing the witness protection program. Colin MacDonald, one of the wealthiest Nova Scotians, is being accused of sexual misconduct by a former IWK Foundation fundraiser. I examine what his defenses might be. Nationally, the Supreme Court of Canada struck down environmental assessment legislation brought in by the federal Liberals in 2019, whereby 'special projects', such as pipelines, would be subjected to a special procedure. I also discuss the gender/pronoun/parental rights situation in Saskatchewan, and the Ottawa trucker convoy trial.

Happy Thanksgiving weekend! This week, I examine the Randy Riley not-guilty verdict and the unnecessarily long path to justice that was involved in his case. I also look at the Occupational Health and Safety case against Nova Scotia Power and Brunswick Engineering, which had closing arguments this week. Finally, I look at the trial of Pat King, one of the Freedom Convoy organizers. Mr. King is attempting to move his trial from Ottawa, due to his notoriety in the city.

This week in NS and Canadian law, there were reviews announced, reports released, new judges named, and a progress monitoring committee meeting. The two new NS Provincial Court judges are Alonzo Wright and Mark Heerema. Judge Wright was most recently the Director of the Serious Incident Response Team, which investigates potential misbehaviour among police officers in NS. He was new to that position, and now SIRT is in the hands of an interim Director. Judge Heerema was a Provincial Prosecutor, who had recently been defending the government's secretive approach to releasing information on the NS mass shooting. The Mass Casualty Commission Progress Monitoring Committee met this week, and released very little information afterwards. It has now been six months since the release of the MCC final report, and few (if any) of the recommendations have been implemented. One recommendation had been to conduct a review of policing in NS. The government announced this week that there would be a review, with the report expected in about a year and a half from now, just before the next election. The same timing is applicable to the other review announced this week, that of the Freedom of Information system in NS. There was news out of the Cape Breton Regional Municipality, where the fire chief, Michael Seth, resigned. It was then revealed that Chief Seth had made a harrassment complaint against four councilors regarding comments made about changes to celebrations planned for July 1st. A report from an employment lawyer found that harassment had taken place. I take a critical view of that report. Finally, the Saskatchewan Supreme Court has granted an injunction against the government implementing an education policy aimed at ensuring parental consent before any student under age 16 can use their choice of pronouns or names in school. Premier Moe has indicated the government will use the notwithstanding clause of the Charter to ensure the policy is followed. I examine the decision, and predict how the issue will play out in courts and legislatures in the months to come.

This week in NS and Canadian law involved stories on the Nova Scotia government deciding not to ban non-disclosure agreements in sexual assault or harassment cases. This decision was heavily criticized, but in my view, not well understood. I try to explain the factors at play, and why the PEI legislation on the topic is not as helpful as some may think. In NS this week, the Court of Appeal rejected MLA Elizabeth Smith-McCrossin's attempt to gain intervenor status in the case dealing with whether the federal or provincial governments have jurisdictional responsibility to ensure the Chignecto Isthmus is safe from rising sea waters. The last of the 12 convicted Burnside Jail attackers was sentenced this week. Matthew Lambert was in jail already on drug charges, which were a factor in this sentencing. In Saskatchewan, a group called UR Pride is taking the government to court over 'parental rights' educational policies, and is seeking an injunction on the enforcement of the policy pending the outcome. Tamara Lich and Chris Barber's trials continued this week in Ottawa. I look back at the Rouleau Commission's comments on the two, and how that may affect the criminal trial outcome. Finally, I discuss international law context of the recent killing of Sikh leader Hardeep Singh Nijar, and the Canadian government's accusation against India. When (if ever) are countries allowed to kill someone in another State?

The Rodgers Brief is back after a summer hiatus. In this episode, I discuss some of the political developments from the federal and provincial cabinet shuffles, as well as my reflections on the Conservative Party national convention in Quebec City, a place that is truly a national treasure as a city. I discuss the Halifax Alehouse attempt to make a Liquor Control Act hearing confidential, with two of their bouncers being charged criminally. On the more national scale, I review the first week of the Tamara Lich/Chris Barber 'trucker convoy' trial, and also the Canadian Civil Liberties Association lawsuit against the New Brunswick Department of Education regarding the changes to a policy that would require schools to obtain parents' consent before using the chosen name of a transgender/nonbinary student.

This is going to be the last video prior to a summer break for the Rodgers Brief. If any major stories arise, I will be back with videos, and regular scheduled weekly analysis will return in September. This week, I review the Supreme Court of Canada's decision in R. v. Basque, where the Court made a major change to how driving prohibitions are done following convictions for driving while impaired. Now, pre-conviction driving prohibition time will count towards a sentence. Also this week, the NS Civil Liberties Association was denied standing to argue that the highway blockade bans in NS in January and February 2022 were unjustified, a decision granting a mother's move to Ottawa with her child was overturned by the Court of Appeal, and a man who was convicted of shooting his brother was found not guilty of intent to endanger his brother's life. Finally, I review the decision of the US Supreme Court to strike down the affirmative action admission programs at Harvard and the University of North Carolina

Link to buy the book; https://www.amazon.ca/Post-Atheist-21st-Century-Democratic-Governance/dp/1778104223

This week in law, I examine the writ of mandamus application by an Ontario lawyer to force the Federal Government to name judges, the new Federal 'Action Plan' re: the United Nations Declaration on the Rights of Indigenous Peoples, the NS MLA suing the government over a resolution aimed at expelling her from the Legislature, an estate case where a dying beneficiary asked her mother to give her share to her husband, a sexual assault trial where the admissibility of Tinder messages was discussed, and a dispute between Sipekne’katik First Nation and Mi'kmaq Family and Children's Services over the value of a building on the Reserve after MFCS was told to vacate the property.

Happy Father's Day! This week in law, I cover the controversy over the shortage of Judges in NS's Provincial Court, the Crown cross-appeal of the William Sandeson verdict, the rejected claim for $170,000 compensation for illegally caught lobster, the 15 year old accused C.P. Allen student's plea on attempted murder by stabbing allegations, the tragic life and death of the wrongfully convicted Glen Assoun, the Canadian Civil Liberties' complaints about Bill C-20, the Supreme Court of Canada's verdict on the Safe 3rd Country legislation, the early and controversial retirement of Supreme Court Justice Russel Brown, and finally the use of former President Donald Trump's lawyer's notes in forming the case against him.

This week in law, I discuss the proposal to move notorious killer and rapist Paul Bernardo to a medium security prison, the likely reasons behind the request, and what changes could be made to parole reviews in order to avoid this kind of situation. In addition, I cover the failed attempt to certify a class action lawsuit against a suspended Halifax dentist, Dr. Errol Gaum, and also the sentencing of former Better Business Bureau CEO Peter Moorhouse's co-accused. Internationally, there is the new indictment against former President Trump, and a decision from the International Criminal Court regarding an alleged war criminal from Rwanda. The Canadian Civil Liberties Association issued a critique of the Hamilton Police usage of drones in the investigations. I discuss the privacy implications, and how drones may have a chilling effect on protests and freedom of expression. Finally, I review an article from the Economist on the predicted effects of artificial intelligence on the practice of law.

This week in law, I review the appointment of retired Court of Appeal Justice Linda Oland as temporary chair of the Mass Casualty Commission implementation committee, the not-guilty verdict of former RCMP officer Kevin O'Brien on an allegation of sexual assault by a former colleague, the Crown application to have Brian Marriott declared a Dangerous Offender, the slip and fall claim by Garnet MacPherson against the Strait Regional Centre for Education, the novel property division in the case of Nadeau v. LaKing, and finally the non-quota tobacco issue in Membertou.

This week, I cover the recommendation from former Governor General David Johnston that there not be an inquiry into allegations of foreign interference in our elections. One of his concerns was how an inquiry would deal with top secret documents, and I have some suggestions for that. This week saw the first "State of the Courts" event in Nova Scotia, where the chief justices of the court of appeal, supreme court, and provincial courts all spoke about the issues facing the NS court system, including Covid backlogs, a shortage of judges, and new technology being utilized. The court also reaffirmed its independence, in remarks aimed at the general public. In caselaw this week, I discuss the legal fees paid by a Newfoundland school board for a failed defense on a human rights case, a Deputy Sheriff being charged with breaching a publication ban in the CP Allen stabbing case, the delay in former Better Business Bureau CEO Peter Moorhouse's child luring case, and the not guilty verdict in the Carrie Low sexual assault case.

This week in law, I remember my late client, Barbara Reddick, who was so much more than people know from the chase-the-ace case that put her in the spotlight. I then discuss new federal legislation on bail reform, as well as the just-passed firearms legislation C-21. Then, in caselaw this week, I discuss a small claims court decision on collectable cars and action figures that was appealed from the Residential Tenancies Board to the Small Claims Court, and how the landlord inadvertently helped the tenant make their case, increasing their damages by ten times. A Truro man was sentenced for threatening Provincial Court Judge Begin, a process which required a New Brunswick Judge to be brought in. In R. v. MacEvoy, two brothers who had not spoke in 20 years had an argument that lead to one shooting the other with a 12 gauge shotgun. He claimed self-defense in a case heard by Judge Ross. Finally, I review the CBC story about a Police Review Board decision on the allegations of racism made by Kayla Borden. I comment on the decision, and whether Ms. Borden would be wise to proceed to judicial review, as her lawyer has indicated she is considering doing.

This week in law, I review the CBC reporting on police oversight boards in Nova Scotia and how it does not align with the advice from the Mass Casualty Commission. I also review the case of R. v. Minugh, where an aspiring law student is sentenced for vile harrassment and comments directed towards Cst. Nick Dorrington, who was highly regarded for his actions and testimony in the MCC. After that, I cover two family law cases. One involved parents who disagreed over whether their 11 year old daughter should receive the Covid-19 vaccine. The other, from the Supreme Court of Canada, significantly strengthens the validity of separation agreements made without legal advice, which have been clouded in uncertainty over the past several years.

This week in Nova Scotia legal stories includes analysis of a decision involving a dramatic theft of an RCMP cruiser and the brave efforts of the officer to stop and arrest the thief. The case is R. v. Pike, and is a decision of Justice Hunt. The 'R' in caselaw is changing with the coronation of King Charles III. Instead of R representing the Queen, it is now the King, and all court clerks and document drafters need to get accustomed to the habit of saying and writing King when opening and closing court, or drafting court documents. In the news this week were the second lawsuit against former King's College professor, and Anglican minister, Wayne Hankey. King's has acknowledged their liability, and so I suspect this suit being filed is an indication that the two sides are far apart in valuing the claim. William Sandeson has filed another appeal of his conviction. This appeal was hand-written and done by Sandeson himself, which is a good indication of its chances of success. Just after the 11 minute mark, I review the Road Trails Act, a new piece of legislation in NS that allows parts of roads to be designated for use by ATV's and other off-road vehicles. There are many rules about how those roads must be used once designated, and I review how that is all designed to work.

To start the podcast, I give a preview of my forthcoming book of legal and political philosophy, "The Post-Atheist 21st Century - An Evolution in Democratic Governance and Personal Meaning", which will be available in the coming week on Amazon. It is aimed at intelligent and curious regular (that is, non-academic) readers, and attempts to describe a trend in governing ideology that is free from ideologies. It then talks about how to live while understanding that our existence is temporary, and there is no foundational ideology. This is a different project than people may be used to seeing from me, but also takes many of the same approaches to explaining complex ideas in a way that can be more easily digested. Now, back to the regular Rodgers Brief content ... In what should be an embarrassing turn of events for the Liberal Government, the Nova Scotia Federal Boundaries Commission has emphatically rejected suggestions from three NS Liberal MP's who sought to interfere with the independent setting of riding boundary lines. Starting just after the 10:30 mark of this video, I review the 25 page decision from the Commission, which systematically and thoroughly addressed each argument put forth by MP's Jaime Battiste, Lena Diab, and Minister Sean Fraser. The PROC parliamentary committee, chaired and dominated by Liberal MP's, had voted in favour of their colleagues' objections, which meant the Commission had to take a second look at their own work in light of those objections. The Commission, chaired by Court of Appeal Justice Cindy Bourgeois, was particularly critical of Mr. Battiste, using phrases like "fundamental misunderstanding on his part", "his failure", "questionable relevance", and "simply incorrect". They also note his reference to the United Nations Declaration on the Rights of Indigenous Peoples Act, which was passed by the Federal gov't, and that this legislation contemplated an implementation plan being in place within two years. They point out that we are beyond two years, and there is no such plan in place, and certainly nothing that addresses electoral boundaries. I also discuss C-11, the controversial online streaming legislation, as well as new justice legislation aimed at providing a means for lifting publication bans and also changing the way the sex offender registry operates. Finally, I talk about this week's released caselaw from the Courts of Nova Scotia, with some emphasis on a cocaine sentencing case which demonstrates how careless criminals can be in the course of their work.

This week in law, I look at prominent cases in the United States and Nova Scotia. The charges against Alec Baldwin, arising from the shooting on the Rust movie set, have been dropped by special prosecutors brought in to handle the matter. My Pillow founder, and prominent election denier/conspiracy theorist, Mike Lindell, has been ordered to pay $5 million to a software forensics expert who won a contest to "Prove Mike Wrong". This case reminds me of one of the first contracts cases every law student learns, the Carbolic Smoke Ball case from 1892. Fox News and Dominion Voting Systems have settled DVS's defamation claim against Fox for $787 million. I compare that to the most famous Canadian defamation case, Hill v. Church of Scientology. In Nova Scotia, the Court broadcast the parole eligibility hearing of William Sandeson, the almost med student who was recently convicted of killing a fellow Dal student. Also in NS, the 15 year old student from CP Allen High School in Bedford who is accused of attempted murder after bringing a knife to school, has been found fit to stand trial. I review what I see as several problems with the way this case is unfolding. Finally, I review the appeal decision on my former colleague, Donn Fraser, who was found not guilty at trial of criminal harassment of another former colleague. The appeal has little to do with the lawyers allegedly involved in the dispute, but rather focuses on the Judge who acquitted Mr. Fraser. Justice Gabriel of the Supreme Court of NS was highly critical of Judge Begin of the Provincial Court for his interactions with Crown Prosecutor Darcy MacPherson. I disagree with some of Justice Gabriel's conclusions, and in doing so discuss the relationships between judges and lawyers, the obligations of the judge to be free from bias, and how it is the job of the lawyer to understand and be respectful of the judge before whom they are appearing.

This week in law, a final update from the Mass Casualty Commission, where they urge everyone to work on their recommendations, and note that they will not longer monitor their social media or emails. The spring sitting of the Nova Scotia Legislature has ended after 14 days. There were very few mentions of the MCC in the legislature after the final report was issued. I review some of the legislation that passed during this session. The 15 year old who was arrested for a knife incident was back in court, where the judge ordered a psychological assessment. I discuss what that might mean. The Supreme Court of Canada issued two decisions this week. In one, they say that for a DUI breath demand, the officer must have the approved screening device on hand, or be able to have immediate access to it. In the other, the Court confirmed the right of Quebec to restrict people from growing cannabis, even though it is legal by federal law. The Prairie Premiers and the Federal Justice Minister had words over comments from Minister Lametti about potentially revisiting the 1930 agreement that gave Alberta, Saskatchewan, and Manitoba the same authority over natural resources that other provinces already enjoyed. I talk about who is right, and the question of how this all interacts with the United Nations Declaration on the Rights of Indigenous Peoples. Finally, a 'fun' case out of Australia of a self represented person in a prolonged foreclosure case who won out in the end, in what the judge called a 'comedy of errors'.

This week in law, I review the historic indictment against former President Trump, and discuss how different that case would be here in Canada, and my assessment of the relative strength of the case. Included is a short digression of the only sitting U.S. President to be arrested - in that case, for speeding a horse. I gave been reading more of the Mass Casualty Commission report, and one piece that has not been covered in the media since the report's release is the criticisms contained in Volume 7, the final part of the report. In this section the Commissioners are very critical of the RCMP and Federal lawyers for the Attorney General in the way they handled disclosure issues. They were also quite critical of Patterson Law for representing clients in both the Inquiry and in civil claims, strongly suggesting this is a conflict of interest, and recommending that law societies study the question. Finally, the Commissioners criticize Premier Tim Houston for issuing a statement on the opening day of the MCC, though say nothing of Federal Minister Sean Fraser, who did the same thing, nor do they show the least bit of contrition for any possible mistakes they may have made that perhaps may have lead to the criticism. The Canadian Civil Liberties Association is taking the Federal Government to court over the invocation of the Emergencies Act. Though this has already been the subject of an Inquiry, the question of legality is still open for determination, as the findings of Justice Rouleau in the POEC are not binding on the Federal Court. To start the video, I mention a case out of the NS Small Claims Court that may be of interest - what happens when the price of lumber skyrockets during a pandemic when you have already agreed on the price to build a home? This case involved a claim for the maximum of $25,000 that the Small Claims Court can award.

Analysis of the MCC final report from the Nova Scotia lawyer who followed the Commission proceedings throughout. I have written my own report on the events and the public inquiry hearings, and compare my findings to those of the Commission. In the video, I discuss the findings on how policing should change, and how domestic/gender-based violence should be addressed much differently. I also cover the questions of political interference, whether the killer was an informant, whether he was involved in organized crime, recommended changes to gun laws, and improved public alerting in emergency situations.

This week in Canadian and Nova Scotian law stories involves a range of issues from the Mass Casualty Commission to treason allegations, a DUI Charter breach analyzed by the Supreme Court, and problems with the reaction to the knife incident this week at the C.P. Allen high school in Bedford. The Mass Casualty Commission may be trolling us. Their final report is being released next Thursday, and yet they are still releasing 'new' material, and being coy about how long their final report will be. A report on what should have been a major area of analysis of the MCC, cross border gun smuggling, was released yesterday - and the report was dated July 23, 2020. Also, the Commissioners are telling us that their final report will be between 2000-3000 pages. They may know the actual number by this time, but for some reason are still giving a very wide range. The NS Department of Justice has released it's business plan, as part of the Provincial budget. There is no mention of the MCC in the list of priority areas, or of police reform. The National Citizens Inquiry, which is a privately funded initiative looking into the government handling of the pandemic, was in Truro last week. This inquiry has been flying under the radar, though has big ambitions. Hopefully, a credible final report will emerge from the process. Liberal MP Han Dong has resigned from caucus after allegations emerged that he was undermining efforts to free Canadian hostages Michael Kovrig and Michael Spavor. Journalist Stephen Mahar wondered on twitter whether this could be considered Treason under our Criminal Code, and I examine that question. The Supreme Court of Canada rendered a decision this week on an impaired driving case. They ruled that, despite the accused being arbitrarily detained, the evidence against him should be admitted, and a conviction entered. In their Year in Review, the Supreme Court highlighted their independence from government, and included as their featured decision the Bissonette mosque shooter case where they determined the accused could not have consecutive periods of parole ineligibility. Finally, I look at this week's knife incident that shut down the C.P. Allen High School in Bedford. The Teacher's Union seems to be hinting they need more money for hallway supervision, and the Crown has (prematurely, and problematically) announced that they will be seeking an adult sentence for the 15-year old accused.

This week in Nova Scotian and Canadian law, I give a preview of the Mass Casualty Commission's final report, which is set to come out March 30th. The MCC stated this week that the report will be between 2000-3000 pages, a statement that seemed designed to ward off 'instant' reactions or critiques as being necessarily ill-considered. The final decision on the search warrants issued about Gabriel Wortman's properties was delivered last week. I take a look, and discuss how the police and governments can be more transparent. On government transparency, Parker Donham had a decision go against him regarding an application under freedom of information legislation. He was seeking information on the Seal Island Bridge, and opposed the granting of an extension of time for the government to provide the information. In a small claims court case released this week, a dog breeder successfully sued a couple who bought a White German Sheppard, and then had it neutered, in violation of their contract with the breeder. There was a decision released this week on riparian rights in Nova Scotia, which is the right of anyone who owns land adjacent to waterways to access navigable waters from their shoreline. This lawsuit arose when neighboring property owners built a wharf that interfered with the ability of the plaintiff to access waters from her property. Finally, I look to an open letter on the federal government's efforts to craft legislation on online safety, signed by a dozen or so civil liberties organizations.

This week in law, I discuss my day at the Applied Forensic Psychology Day at St. F.X., the successful appeal by former IWK CEO Tracy Kitch, how a Quebec Judge says giving 'the finger' is a god-given right, the Province of NS's defense to the Allison Holtoff lawsuit, the trial of retired RCMP officer Kevin O'Brien on an allegation from 29 years ago, and an erroneous video on the distracted driving laws.  Finally, I review the Tim Horton's App case, and conclude that Tim's has more questions to answer and information to provide to contest 'winners' and the public, and how they should probably just go back to the physical rolling rims.

The big stories this week in Canadian law are the New Brunswick Court of Appeal decision on Justin Bourque, the killer of three RCMP officers in 2014, and the attempts by the Chinese government to influence the past two Canadian federal elections. There were also two big stories out of the United States. In one, South Carolina 'legal dynasty' heir Alex Murdaugh was found guilty of murdering his wife and son, in a case that could be a John Grisham novel. In the other, a Special Grand Jury foreperson in a claim against former President Trump has been giving interviews to whoever will have her on, a scenario that would be unheard of in Canada. In the video, I also cover the new Nova Scotia Supreme Court protocols on appearances by video or phone, as well as the news that retiring RCMP Commissioner Brenda Lucki was scheduled to speak on "Handling Mass Casualty Events" at the World Police Summit in Dubai next week. Soon after that news was discovered, it was announced that Commissioner Lucki would not go to the Summit, for 'personal reasons'.

This week in Nova Scotian and Canadian law, I start with an analysis of the Mass Casualty Commission announcement that they are releasing their final report on March 30th in Truro.  Next, I review the strange case out of Musgrave, NF where a municipal councilor was re-instated by the Court after having been removed for violating the Town's vaccine mandate. Next, I review the William Sandeson jury verdict, where they found the Dal Med student guilty of 2nd degree murder. There was also this week an insightful decision on Sandeson involving a violation of rules at the Burnside Jail, where the Justice involved did not find Sandeson to be a credible witness. The family of Allison Holtoff is suing Nova Scotia Health, after Ms. Holtoff died in the hospital in Amherst after waiting over seven hours to be seen.  Former MLA Hugh MacKay managed to avoid jail time in his second DUI conviction, after pleading guilty to drinking and driving in 2018. The details revealed at sentencing were troubling in several senses. Antigonish Town and County are pursuing amalgamation, but it is being delayed by a group of County citizens who are taking the municipality to court over the procedures adopted. A future court date has been set for July, making it unlikely that the Province will introduce legislation this spring effecting the amalgamation. The Ecology Action Centre has successfully appealed their denial of public interest standing in the re-alignment of the road around the proposed Pieridae LNG plant in Goldboro. I discuss what that means for the project.  Finally, I go back to last week's report from Justice Rouleau following the Emergencies Act Inquiry.

The Public Order Emergencies Commission report was released this afternoon. I review the legal questions arising from the inquiry, and analyse the report from Justice Rouleau

This week in Nova Scotia and Canadian legal news, the biggest story is the early resignation of RCMP Commissioner Brenda Lucki. Commissioner Lucki was under fire for her performance during the Freedom Convoy, as revealed in the Emergencies Act Inquiry. As well, she was featured in some controversial moments in the Mass Casualty Commission in Nova Scotia. I argue that she was made a scapegoat in that scenario. The next Commissioner is going to have a difficult job to do, potentially being tasked with a re-imagining of the RCMP as an entity.  The NS Court of Appeal released their decision on the Crown appeal of the acquittal of Colin Tweedie regarding the death of a young girl he struck with his car near Sydney. The Court said that the trial judge failed to apply the proper laws on impaired driving, and also failed to consider the issue of willful blindness as to whether he had struck a person rather than a deer, as he claimed.  In Kentville, two Town Councilors were in court over a property deal on Main Street. One Councilor had bought the property to build apartments, but when constructions deadlines were not met, the Town voted to revert the property back to Town ownership. The Councilor who wanted to develop the property alleged that another Councilor who also owned apartments should not have voted. The NS Supreme Court disagreed.  Finally, I review the closing arguments in the William Sandeson jury trial. As I recorded this, the judge was giving the jury instructions before the go off to deliberate. I analyze the closing submissions, and give some predictions for what the jury may decide.

I start this episode by discussing a visit I had with 4th year forensic psychology students at St. F.X., their thoughts on my Deficits of Trust report, and on the psychology of the killer, Gabriel Wortman.  This week also saw the federal government file its defense to the lawsuit started by Wortman's spouse, Lisa Banfield. I discuss the strengths and weaknesses of the defense.  The murder trial of William Sandeson took a dramatic turn this week, with Sandeson himself taking the stand and (for the first time) claiming that he shot Taylor Samson in self-defense. I go through he claims, and evaluate how the Crown's case is now looking, as well as what kind of special instruction the judge may now have to provide to the jury.  This week in Canadian law, non-disclosure agreements and bail reform were under discussion at the Canadian Bar Association conference. Justice Minister Lametti suggested that the federal government will heed the calls from the opposition and the Premiers to make changes to our bail system for alleged offenses where guns are involved.  I also review the change of plea for former MLA Hugh MacKay, the proposed class action lawsuit against the Canadian Hockey League, Dalhousie Law students claims of racism, and the Law Society of Alberta vote on mandatory education on indigenous legal culture and traditions.

The NS Mass Casualty Commission issued an update this week on their progress, as we approach the March 31st (extended) deadline for their report. I review the update, and a talk with St. F.X. students I will be giving this week. Small Claims Court Adjudicator, Tuma Young K.C. issued a decision this week in the Mi'kmaw language. In doing so, he referenced the Mi'kmaw Language Act which was passed last year, and which enshrined Mi'kmaw as Nova Scotia's 'first' language. The devolved Scottish Parliament in Edinburg is attempting to pass gender recognition legislation that is generating major controversy and push-back in the UK. Canada has been cited as an example by the governing SNP of how such legislation might operate. British Columbia is starting a three-year pilot project, with the approval of the federal government, to legalize the possession of up to 2.5 grams of hard drugs, in an effort to treat the issue as one best primarily dealt with as a public health matter. I discuss how this is expected to work, and why it does not directly address the main cause of the thousands of deaths this policy is designed to prevent. Finally, I review two cases released by the Supreme Court of Canada last week dealing with Charter challenges to the validity of mandatory minimum sentences in cases involving gun violence. The defendants claimed that reasonable hypothetical situations showed that the mandatory minimum sentences amounted to cruel and unusual punishment. The Court agreed in one case but not in the other. I explain why, and why some may prefer Justice Cote's dissenting opinion in the one where the Court struck down the law.

This week in The Rodgers Brief, I review the pending dispute in the federal election boundaries in Cape Breton. One MP neglected to speak up when consultations were ongoing, and is now trying to claim that the boundary changes violate the UN Declaration on the Rights of Indigenous Peoples. 

In other NS cases, a man was convicted after confessing to a sexual assault and attempting to claim his diabetes may have affected his thinking when he made his confession. 

William Sandeson's trial continued this week, with warnings from Justice Chipman for the jury to not be influenced by anything they read in the news. That would include the news reports from the original trial, and also the story this week about the Canada-wide arrest warrant issued for one of the Crown witnesses. 

Finally, I review a case out of the NS Supreme Court of a woman who applied to be allowed to move with her four-year old to Ottawa, away from the child's father. Mobility cases can be a challenge, and this one provides some helpful guidance for those considering the same. 

I also discuss the shortage of Judges in NS, and some national news stories involving repatriation of ISIS-involved Canadians, the Shaw/Rogers merger appeal decision, and the lack of evidence on allegations that the Alberta Premier interfered with the prosecution of Coutts, Alberta trucker/freedom protestors.