Nunatsiaq Online
COMMENTARY November 23, 2016 - 11:30 am

Legal Ease, Nov. 23

Sexual Touching Requires True Consent

JAMES MORTON

One important component of sexual assault law is consent.

Any sexual touching requires that both parties give their consent or voluntarily agree. It can only be given by the persons involved and not by a third party. The relevant time period for determining whether a person consented or not is at...

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COMMENTARY November 17, 2016 - 10:30 am

Legal Ease, Nov. 17

Coroner's Inquests

JAMES MORTON

In Nunavut, the Chief Coroner is a government appointee whose job is to review and consider deaths that are somehow out of the ordinary.

The coroner has a very important job and one element of that job is conducting inquests into deaths that are somehow unusual or unexpected.

Coroner’s inquests...

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COMMENTARY November 14, 2016 - 11:45 am

Legal Ease, Nov. 14

Bad neighbours?

JAMES MORTON

Bad neighbours come in many forms.

Some come onto your property. Some make a lot of noise and scare your kids. Some are just plain annoying.

Actually coming onto your property is a trespass and a pretty obvious abuse. A neighbour who does that can be removed by the RCMP and barred from further...

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COMMENTARY November 09, 2016 - 2:30 pm

Legal Ease, Nov. 9

Opening the Kimono

JAMES MORTON

I deal with a lot of civil and family cases.

In those cases, unlike criminal matters, both sides have to make disclosure of their cases to each other; in criminal cases the prosecutor has to make disclosure but the accused doesn’t have to disclose their case.

Disclosure in civil and family...

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COMMENTARY November 07, 2016 - 11:45 am

Legal Ease, Nov. 7

False Confessions

JAMES MORTON

Most people think that the gold standard of proof of criminal guilt is a confession.

If someone tells the police they “did it” then they must be guilty!  Who on earth would ever confess to a crime they didn’t commit?  It’s just common sense.

In fact, this common sense view is wrong – false...

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