Claim OwnershipThe Rodgers Brief
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© Adam Rodgers
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This podcast features analysis of current Canadian legal news, and stories with important legal angles. Previous episodes covered the Nova Scotia Mass Casualty Inquiry proceedings, arising out of the tragic events of April 18-19, 2020 in Portapique and other locations throughout Central Nova Scotia.
Adam Rodgers has been a leading Nova Scotian litigation and criminal defense lawyer, as well as a business and political advisor, for 15 years. He has represented clients on many ground-breaking and prominent cases, including his most recent responsibilities with the Desmond Fatality Inquiry.
Adam Rodgers has been a leading Nova Scotian litigation and criminal defense lawyer, as well as a business and political advisor, for 15 years. He has represented clients on many ground-breaking and prominent cases, including his most recent responsibilities with the Desmond Fatality Inquiry.
189 Episodes
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This week, I review two major reports, the Nova Scotia Mass Casualty Commission Progress Monitoring Committee report and the Foreign Interference Commission interim report.
Before that, I discuss the lack of a Charter Statement for the new Online Harms Act, the irony of the government critiquing the opposition for alluding to the Notwithstanding Clause, the rejected injunction application for the McGill campus protests, the police paraphernalia guilty plea in Sydney, and the failed Provincial Court application by Diagalon founder Jeremy MacKenzie.
This week, I cover the appointment of the new NS Justice Minister and SiRT Director, the Toronto Police Chief's Comments in the Zameer acquittal, former President Trump's claim to criminal immunity at the US Supreme Court, and how Harvey Weinstein's successful appeal would have played out in Canada.
Before that, I discuss the Pierre Poilievre well-received visit to eastern Nova Scotia and Cape Breton, and his controversial stop at the NS/NB border.
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.
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