The Rodgers Brief

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 wi...

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...

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 th...

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 murde...

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 l...

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...

There were some interesting cases out of Nova Scotia this week, including the Crown's successful appeal of Colin Tweedy's acquittal on the death of 10 year old Talia Forrest, and the retrial of Dal Med student William Sanderson for the murder of fellow student Taylor Samson. There is a new Federal tax in place, which seem to be encroaching on Provincial jurisdiction. The Underused Housing Act targ...

In this episode, the final of the series, I read from Deficits of Trust, Part 3, sections 15-16 The Future of Policing is Not Present; Ending Without Closing; Summary of Recommendations

In this episode, I read from Deficits of Trust, Part 3, sections 13-14 - Lisa Banfield Answers No Real Questions, Avoids Criminal Charges; The MCC Really Wants You to Know It Cares About Domestic Violence

In this video, I read from Deficits of Trust, Part 3, sections 11-12 Unnecessary Accommodations for Senior RCMP Officers Leads to Participant Boycotts; Critical Incident Experts Not Permitted to Criticize Incident

This week, I focus mainly on Nova Scotia cases, including the tragic death of 37-year old mother of three, Allison Holtoff, and the legal threats made by the Provincial Department of Justice to Independent MLA Elizabeth Smith-McCrossin. MLA Smith-McCrossin was speaking out on behalf of her constituent, alongside Ms. Holtoff's husband Gunter, after Ms. Holtoff died after a six-hour wait at the emer...

In this video, I read from Deficits of Trust, Part 3, sections 9-11 - Disorienting, Not Trauma Informed, Approach to Evidence, Attending the MCC In Person - More Like a Seminar, Withholding Big Stop Videos

In this video, I read from Deficits of Trust, Part 3, sections 5-8 - Pausing Before Starting - Delay for Narrative Formation, Marginalization of MCC Participants, and Early Outlook for the MCC and Police Intelligence Questioning

This week's analysis starts with three cases out of Nova Scotia - a homicide on a home invasion in Halifax where the occupier of the home killed one of the intruders and was determined to be acting in self defense, a small claims court case involving a legal bill on a divorce where the adjudicator incorrectly agreed to keep the names of people involved anonymous, and the failed attempt by Ernest F...

In this video, I read from Deficits of Trust, Part 3, sections 1-4, Calls For an Inquiry, Inquiry is Political and Legal, The Commissioners, and Elasticity of “Trauma Informed”

Looking back on 2022 in Canadian Law means looking back at three public inquires that took place, some notable decisions from the Supreme Court of Canada, and some thoughts on pandemic-related litigation.   The Desmond Inquiry and the Mass Casualty Commission were based in Nova Scotia, but are national in scope, examining re-integration of our military members, and the way we are policed. The...

The Big Stop, Post-takedown Misinformation and Political Calculations, Manipulating, Then Overprotecting, Lisa Banfield   In this section, I will outline and review what we know about the events of April 18-19, 2020. Much of this information comes from the MCC investigations, but there are other important sources as well. I have attempted to organize the details in a cohesive narrative, cover...

This week, the focus is on two Nova Scotia Court of Appeal decisions, the Federal government attempting to override the independent Electoral Boundaries Commission, and how to have a legal Christmas party.   In R. v. Mitchell, the NSCA called out an RCMP Corporal for deliberately violating the Charter rights of an accused by kicking down his door and attempting to arrest him without a warrant...

In this section, I will outline and review what we know about the events of April 18-19, 2020. Much of this information comes from the MCC investigations, but there are other important sources as well. I have attempted to organize the details in a cohesive narrative, covering what happened, and what could have happened instead, if police had made better decisions as events unfolded.  This rea...

Revelations at Dawn – Still No Warnings, Communications Analysis Paralysis, 2nd Escape, and Two More Dead, (Neither) Alert (Nor Quite) Ready,  Plains Road and Plain Language   In this section, I will outline and review what we know about the events of April 18-19, 2020. Much of this information comes from the MCC investigations, but there are other important sources as well. I have attem...

In this week's Rodgers Brief, I cover law-based stories from NS and across Canada. Included this week are;  1. Comment on the Supreme Court decision on admissibility of confessions after two Calgary tenants killed their landlord, but had their Charter rights violated by the police  2. The Supreme Court of NS approved a $10million settlement involving the Diocese of Halifax/Yarmouth.&nbsp...

What (Really) Happened - Wortman Escapes Portapique, Specialized Resources Un/Misused, Critical Incident Command Unstructured, and Overnight Confusion   In this section, I will outline and review what we know about the events of April 18-19, 2020. Much of this information comes from the MCC investigations, but there are other important sources as well. I have attempted to organize the details...

Alberta and Saskatchewan have each introduced legislation that aims to assert their respective Provincial jurisdictions in the face of what they say are ongoing and frequent Federal intrusions.  Neither Province is explicitly trying to change the wording of the divisions of powers sections of the Canadian Constitution, yet each in their own way is trying to take power over key resource develo...

What (Really) Happened - Lisa Banfield's Account of the Early Moments, and MCC Evidence of Portapique Killings  In this section, I will outline and review what we know about the events of April 18-19, 2020. Much of this information comes from the MCC investigations, but there are other important sources as well. I have attempted to organize the details in a cohesive narrative, covering what h...