The Docket

As usual we start with the SNC-Lavalin scandal, which just won’t die. Michael Wernick resigned, Jane Phllpott dropped some bombs in an interview and Jody Wilson-Raybould will is going to give some more evidence (even though the Liberal controlled justice committee wants to shut down the hearings). Then we hop over to the Supreme Court which released a ruling in R. v. Morrison striking down some of...

So episode 90 - a new record. Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ By now you know the story. Canada’s former Attorney General and Minister of Justice Jody Wilson-Rayboul testified before the House o...

So episode 89 - a new record. Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ Last week Canada’s former Attorney General and Minister of Justice Jody Wilson-Rayboul testified before the House of Commons Justice...

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ With Canada’s former Attorney General and Minister of Justice Jody Wilson-Rayboul set to testify before the House of Commons Justice Committee’s hearings this wee...

Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was a blast. Join the Discord channel, join the chat, and listen to live recordings with this link: https://discord.gg/2TzUamZ There has been lots of ink spilled and punditry about the SNC Lavalin affair. On the eve of Gerry Butts’ resignation as Justin Trudeau’s principal secretary we sa...

This episode we have a really special guest! Emily O’Brien, a young professional from Toronto, was arrested at Person airport in Toronto, fresh off a flight from St. Lucia, with 130,000 dollars worth of cocaine strapped to her body. Emily joins us to talk about her arrest, her journey through the justice system, her time in prison, and her new business work to help women reintegrate into society....

So episode 84 - a new record. But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should. Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing ! Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was...

So episode 84 - a new record. But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should. Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing ! Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was...

So episode 83 - a new record. But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should. Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing ! Now you can join The Docket’s Discord chatroom. We recorded this episode before a live Discord audience and it was...

Hey look we have a sponsor! Let the podcast money start rolling in! But seriously a huge thanks to Emond Publishing ! And now you can join The Docket’s Discord chatroom. What I hope will be a community of legal/political nerds and Docket fans. Ask us questions, listen to live recordings, and join the conversation. Join the Discord channel with this link: https://discord.gg/2TzUamZ It is #Clawbie20...

So episode 81 - a new record. But you know that right? Because you subscribe to the show on iTunes and have already rated and reviewed the podcast - right? You should. And now you can join The Docket’s Discord chatroom. What I hope will be a community of legal/political nerds and Docket fans. Ask us questions, listen to live recordings, and join the conversation. Join the Discord channel with this...

Finally a new episode! Sorry Sorry Sorry. We have been slammed at home and at work. Almost three weeks ago we sat down with Peter Sankoff and Dino Bottos the night before they headed to the Supreme Court to argue the appeal of Barton v. The Queen. The case is complicated with important legal issues and the facts are tragic. Barton was charged with the death of Cindy Gladue. Gladue died of injuries...

In Chapter 8: The Verdict we get our hearts broken. But before that we talk about closing arguments and the tips and tricks of the trade. Side note: what does the T in Pure-T-Filth stand for anyway. And then the verdict. Waiting for the verdict is the most intense thing ever and then hearing a verdict is that x100. We try to break down what David Rudolph is feeling and then talk about how to pick...

In late July, after not campaigning on the issue and in the middle of Toronto’s municipal election, Doug Ford and his Conservative government introduced Bill 5, also known as the Better Local Government Act, 2018 . Bill 5 radically altered Toronto’s electoral districts by cutting the wards from 47 to 25 and in most cases doubling both their physical size and the number of potential voters. The imm...

Is the defence of extreme intoxication in sexual-assault cases back? The headlines were attention grabbing after a Toronto Judge ruled that section 33.1 of the Criminal Code, which limited the defence of extreme intoxication in all assault cases, was unconstitutional. As the Globe and Mail put it: The defence of extreme intoxication in sexual-assault cases is back in Ontario, after a judge ruled t...

In Chapter 7: The Blow Poke Returns the defence makes its toughest call - will Michael Peterson testify. Calling the accused to the stand is one of the biggest decision in any trial. This week we break down the tactical considerations when calling defence evidence. Oh and the Petersons also found the blow poke. What! What!?! The Staircase is full of surprises and we look at the complex and sometim...

In Chapter 6: The Prosecution's Revenge the prosecution puts its case to the jury - complete with prejudicial "gay sex" and a speculative similar fact application implicating Peterson in the 1980s death of his friend Elizabeth Ratliff. Peterson's defence team of David Rudolf and Tom Maher take apart the Crown's case with some great courtroom work - but will it be enough to overcome the unfairness...

In Chapter 5: A Weak Case we finally get to the good stuff - the trial. Michael Peterson's lawyer David Rudolf dismantles the prosecutions case and the defence calls into question the integrity of the evidence - a fact that impacts the validity of any blood spatter analysis. Then we meet Dwayne Deavers - the State's blood spatter expert. Except Deavers fudged his experiments and seeming had a hand...

This episode we have a special guest - the man himself - criminal defence legend - David Rudolf. David Rudolf stopped by The Docket to talk to us about defending one of the most high profile cases in modern history. We picked Rudolf's brain about trial strategy, procedural irregularities, and the emotional toll the Michael Peterson case took on him. It was a fascinating talk with a truly inspirati...

In Chapter 4: A Prosecution Trickery the Peterson defence team receives a fax (and yes faxes are still a thing) of the prosecution's autopsy report on Elizabeth Ratliff. And surprise surprise the State's pathologist not only determined that the death was not due to natural causes but went on to find the the cause of death was a "homicidal attack". Not only did the defence team receive the patholog...

In Chapter 3: A Striking Coincidence we look at some breaking news - there was another staircase death! The prosecution sets the stage for a similar fact application. What is similar fact, when is it admissible, and would this fly in Canada? Spoiler Alert: prejudice destroys probative value in this fight.

In Chapter 2: Secrets and Lies we look at the role bad character evidence can play in a trial. In Peterson's case the prosecution made the most tenuous of links between Peterson's sexuality and a motive to commit murder. The prosecution's theory was pretty speculative and it was way prejudicial. But maybe that is what the prosecution was counting on. We also look at the initial stages of trial pre...

It is like deja vu all over again as The Docket Podcast returns to an episode-by-episode examination of a real life crime docu-series. Only this time its all about The Staircase instead of Making A Murderer . In December 2001, novelist Michael Peterson called 911 to report that his wife Kathleen had fallen down a narrow twisting set of stairs and died. The prosecution and police did not believe it...

This episode we open with a discussion of an important op-ed written by Amanda Byrd . Byrd, a law student, spent hundreds of hours preparing for a moot court. When she got there, she was told to smile more. Courtroom demeanour is important but critics based on appearance are very unhelpful and smack of sexism. We then dive into the mandatory minimum sentence debate. The Liberal government promised...

We tried to keep it short this week. We failed. But who could blame us - I mean we were talking about Budget implementation bills. More than a year ago, Prime Minister Justin Trudeau stood in the House of Commons and spoke some truths about omnibus legislation. He said that, for many years, the previous government used omnibus legislation as a way of avoiding debate. He complained that the Harper...