Month: February 2017
Bail Bonds Orlando Fl – Fears for environment as automatic legal ‘cost cap’ scrapped
Source : BBC News
By : Clive Coleman
Category : Bail Bonds Orlando Fl , Bail Bondsman In Orlando
New rules have come into force which could dramatically reduce the ability of individuals and non-governmental organisations to bring legal challenges to protect the environment. The government is scrapping automatic “cost caps” which limit the costs of losing such a challenge. Opponents claim the changes will make it “impossible” to “hold the government to account”. But the government says people will not be expected to pay above their means. The caps currently stand at £5,000 for an individual and £10,000 for an organisation.
The normal “loser pays rule” means that successful claimants can claim their legal costs back from the defendant. But if they lose, they have to pay both their own legal costs, and those of the winning side. Under the changes, any person or organisation wanting to bring a judicial review in environmental cases will not automatically receive the protection of a ‘”cost cap” if they lose. That could mean individuals having to sell a house. ClientEarth, Friends of the Earth and the RSPB are challenging the rule change in the courts, arguing those bringing such cases would be exposed to huge and uncertain financial risk.
The “cost caps” came in in 2013 in part due to the international Aarhus Convention, which was ratified by the government in 2005. It requires contracting parties to ensure that legal action to protect the environment is “fair, equitable, timely and not prohibitively expensive”. This recognises that the environment cannot protect itself and that there is a public interest in people and groups bringing legal actions to protect it. Before the caps the cost of bringing cases could be huge.
In one concerning the construction of a funicular railway up Cairngorm Mountain in Scotland, WWF was ordered to pay the government’s legal costs of over £200,000 on losing. In another, local resident Lilian Pallikaropoulos faced a costs bill of just under £90,000 after losing her challenge against the legality of a large cement works near her home in Rugby, Warwickshire. Under the new rules, the court can look at the financial resources of a claimant and discard the automatic cost cap. This could involve an assessment of how much their house is worth and whether they should be forced to sell it if they lose.
‘Huge deterrent’
It is estimated that some 40,000 people in the UK die prematurely each year because of air pollution. The group ClientEarth has brought successful legal challenges against the government’s failure to meet EU targets on air pollution. Its chief executive James Thornton said: “By removing cost caps and allowing personal finances to be publicly examined, it creates a huge deterrent for those who would use law to defend people’s health and the natural world. “With unlimited legal costs, it will be virtually impossible to bring a public interest case and hold the government to account.
“This is especially true after a hard Brexit – which looks increasingly likely – when the EU won’t be able to punish UK law breaking.” Campaigners say the UK’s public interest cost rules are already more punitive than the US, China, and any other country in the EU. They claim environmental public interest cases made up less than 1% of all judicial reviews from 2013 to 2015, and that they achieve twelve times the success rate of other judicial reviews. A Ministry of Justice spokesman said: “The cost of bringing environmental challenges must not be prohibitively expensive and our changes will ensure that individuals are not expected to pay legal costs above their means. Legal aid remains available for these cases”. But last week, a House of Lords committee concluded that “people with a genuine complaint will be discouraged from pursuing it in the courts”.
Read More : bbc.com/news/uk-39109865
Bail Bonds Orange County Fl – Israel’s justice minister imposes four new Supreme Court justices
Source : Economist News
By : Associated Press
Category : Bail Bonds In Orlando Fl , Bail Bonds Orange County Fl
WITH the parliamentary opposition in Israel hopelessly splintered, demoralised and without an agreed leader, it has fallen mainly to Israel’s fiercely independent Supreme Court and its combative media to hold the government of Binyamin Netanyahu to account. No wonder both institutions have been in its crosshairs for years. With four justices reaching the mandatory retirement age of 70 this year, it has had a rare opportunity to influence the court’s make-up. On February 22nd the justice minister, Ayelet Shaked (pictured), took full advantage of this opportunity. A former aide of Mr Netanyahu and now one of the leaders of the right-wing Jewish Home party, she has been spearheading the campaign for a more conservative Supreme Court. The Judicial Appointments Committee, which she chairs, approved the four new Supreme Court justices. Two of them are religious Orthodox Jews (one of whom lives in a West Bank settlement); another has close ties with right-wing politicians; and the fourth, a Christian who fills the court’s Arab seat, is known for usually siding with the state prosecution.
The appointments came after months of deadlock between Ms Shaked and the current president of the court, Miriam Naor, who sought to preserve the court’s independence. An alliance between the politicians and the representatives of the Bar Association on the committee forced the justices to back down and agree on compromise candidates. None of the four, who are all serving district court judges, is seen as a liberal; two of them have a conservative record and the other two are more centrist. The political right was elated at the appointments, echoing Ms Shaked, who announced that “we have changed the course of the legal ship”. The Supreme Court has been described by its critics as the “Rehavia Junta”, for the name of the neighbourhood in Jerusalem where many of them once resided; elitist and liberal-minded secular left-wingers, aloof and detached from wider Israeli society. While this has long been a grossly inaccurate characterisation of the court, the label has stuck.
The 15 Supreme Court justices serve both as the Israeli legal system’s final court of appeal, and as the High Court for Justice for petitioners against the government on administrative issues and against laws passed by the Knesset. It is in this second role that the court has angered the elected politicians, mostly those from the right but occasionally left-wingers as well. The late Yitzhak Rabin notoriously remarked in 1994 that the Palestinian Authority was better placed than the Israeli government to confront Hamas militants because they could do so unshackled—“without the High Court” and without Israeli human rights organisations watching what they did. During the past two decades, particularly since the presidency of Aharon Barak, the court has adopted a more interventionist approach, forcing the government to change policy and on a number of occasions ruling that laws passed by the Knesset were unconstitutional. On February 1st the government was forced to send police to clash with hundreds of settlers, on orders from the court, to dismantle the West Bank settlement of Amona, which was built illegally on privately owned Palestinian land. The court is widely expected to rule next month against a controversial “regulation” law passed by the Knesset that would retroactively expropriate Palestinian land in similar circumstances. Although some on the left have described the new appointments as a “conservative revolution”, that is premature. Even with the new justices, the conservatives remain in a minority on the bench and will not hold the presidency, which is determined by seniority, for at least another seven years. Since few cases are held before the entire bench, the president has considerable influence in determining which justices will hear a specific case. The Supreme Court will remain the most effective opposition to Israel’s government for a while yet. But eventually that could change.
Read More : economist.com/news/middle-east-and-africa/21717721-more-conservative-court-will-be-result-israels-justice-minister-imposes
Bail Bonds In Orlando Fl – ‘Just Keep Swimming’: Tips From 4 Atlanta Legal Technology Leaders
Source : Daily Report Online News
By : Gabrielle Orum Hernández, Legaltech News
Category : Bail Bonds In Orlando Fl , Bail Bonds Orange County Fl
“Bridging the Technology Gap in Law,” an event hosted at Atlanta Tech Village and co-sponsored by Thomson Reuters and legal technology entrepreneur group Evolve Law, brought together speakers from Atlanta’s legal technology community to highlight some advice they’ve picked up through their work. Below are four tips from some of Atlanta’s legal technology leaders and entrepreneurs: Natalie Kelly, director, State Bar of Georgia’s Law Practice Management Section – “Just keep swimming.”
In her 20 years working at the Georgia State Bar’s Law Practice Management section, Natalie Kelly found that more and more attorneys are looking for assistance managing practice technology. In fact, she said 63 percent of the requests she gets for consultations come from lawyers looking to adopt or migrate technology in their practice. Kelly noted that no one, even the oldest practicing attorneys, lives today without the influence of technology. The more important question, she said, is how to get more attorneys to bring technology into their practices: “Everyone uses technology, it’s the gaps we need to focus on.” There is a lot about technology adoption that makes small firms and solo practitioners. The threat of being automated out of a job, the price of e-discovery technology, potential threats to data security are three of what Kelly named “scare tactics” dissuading small firms from taking the plunge. Regardless of these concerns, Kelly encouraged small firm lawyers to “just keep swimming” through the maze of technology until they find a solution that fits. Bar associations, she added, can push members towards technology adoption with discounted software and useful resources. Jennifer Downs, founder, Aggregate Law – “It’s about connection.”
While setting up her business, Jennifer Downs had to teach herself how to leverage social media for business development. She encouraged attorneys looking to do the same to think about what social media engagement would best fit the type of practice they run, their client base, the target age group they’re looking to connect with, and their current social media engagement. Most adults engage on Facebook, she said, but many professionals also engage on LinkedIn. Using these two networks can help attorneys connect with their peers. Twitter, by comparison, has a younger average user base, but does attract a lot of other attorneys. Downs said that sharing information and resources through social media can help lawyers connect and establish trust with potential clients, many of whom are skittish about hiring attorneys without a specific referral. “You want to give your clients what they’re looking for and meet them where they are,” she said.
Where practitioners often make mistakes, Downs noted, is when they set up profiles on major social media platforms and quickly abandon them. “Be active, but don’t just set up your profile and then be a ghost,” she urged, adding that profiles without regular updates can make users wonder whether a business has been shuttered altogether. Matt St. John, sales specialist manager, Thomson Reuters – “Identify the ripple in your workflow.”
According to St. John, Thomson Reuters research finds that law firm practitioner grievances come in three flavors: complaints about clients, complaints about technology, and complaints about business development. Trying to operate a practice in the face of increasing client demands of “more for less,” cumbersome technology, and business management requires that attorneys invest more, not less, in technology strategies that will help cut through inefficiencies, he said. St. John encouraged looking for places in the practice workflow where an infusion of technology could redirect wasted time towards legal work. He suggested that automation and practice management are two areas attorneys could consider investing in. One of the mistakes St. John sees attorneys make the most is to upload every piece of physical paper associated with a matter into a practice management system. “A lot of law firms have the same mentality about technology as they do about paper,” he said. Instead, he encouraged audience members to purge their files the same way they’d purge or archive physical files. “Cull your data just like you would documents,” St. John said.
Read More : dailyreportonline.com/id=1202777817464/Just-Keep-Swimming-Tips-From-4-Atlanta-Legal-Technology-Leaders?mcode=1202616187678&curindex=4&slreturn=20170124011220
Bail Bonds In Orlando – San Francisco Bolsters Law Prohibiting Participation In ‘Muslim Registry’
Source : Sanfrancisco CBS Local
By : Press Release
Category : Orlando Fl Bail Bonds , Bail Bonds In Orlando
Concerned about threats to create a national “Muslim registry,” San Francisco officials are working to prohibit city agencies from assisting in any way with such an effort. The Board of Supervisors Public Safety and Neighborhood Services Committee Wednesday unanimously approved legislation that would prohibit city agencies from helping in any government program that requires a database or registration program based on religion, ethnicity or national origin. The legislation was introduced by Supervisor Malia Cohen and Mayor Ed Lee last month in response to campaign remarks made by President Donald Trump regarding the possibility of a “Muslim registry” and other measures against the Muslim community.
At Wednesday’s hearing, Supervisor Hillary Ronen introduced amendments to strengthen the ordinance by giving individuals and nonprofits the right to sue if a city agency or employee violates it. “We are doing this because the Muslim community and the immigrant community in general across the United States is facing dangerous discrimination by the government of the United States,” Ronen said. Ronen noted that this weekend was the 75th anniversary of the signing by President Franklin D. Roosevelt of an order to incarcerate Japanese Americans, the majority of whom were U.S. citizens, in camps during World War II.
That order was preceded by one requiring people of German, Italian and Japanese ancestry to register with the government. While Hawaii resisted the order to some extent, San Francisco did not, Ronen said. “It’s part of history that we need to learn from and not repeat,” she said. “By creating the strongest law possible, we are sending the message that we will never participating in that type of discrimination again.” The full Board of Supervisors is expected to vote on the legislation next week.
Read More : sanfrancisco.cbslocal.com/2017/02/22/san-francisco-bolsters-law-prohibiting-participation-in-muslim-registry/
Orlando Fl Bail Bonds – California Supreme Court justice discusses education and immigration at CSUN
Source : Sundail News
By : Nathan Hickling
Category : Orlando Bail Bondsman , Orlando Fl Bail Bonds
California Supreme Court Justice Mariano-Florentino Cuéllar visited CSUN Thursday to speak to students on a variety of issues, including the importance of diversity in the courtroom and offering lingual services to non-English speakers in court. Cuéllar was introduced and asked questions by Dr. Gabriel Gutiérrez, Chicano studies department chair, and Melisa Galván, Chicano studies assistant professor, who spoke on the importance of immigration law to CSUN students. “Many of our students come to us for advice about how to deal with actual cases,” Gutiérrez said.
Cuéllar, who served on the former president of the United States, Barack Obama’s transition team, provided his guidance. “My watchboard has always been what can I do from my position,” Cuéllar said. “I was enormously dedicated and passionate about trying to get it right and trying to help the president stay true to what he had promised during the campaign.” Cuéllar also spoke of the challenges he faced as a Mexican-born student in California and how his experiences living along the border gave him a unique perspective in law, something he listed as one of his strengths as a justice. “In a place like Calexico you see a lot of the struggles that are part of our state’s history,” Cuéllar said. “I felt that the whole point of my being there was that I could bring something different to the discussion.”
Cuéllar was born in Matamoros, Mexico, but later moved to Calexico in the Imperial Valley. Fluent in Spanish and English, he spoke of the importance of providing services in court to Californians who are not proficient in English as part of the California court’s Language Access Plan Implementation Task Force. We [the task force] were engaged in a historic expansion of how we engaged in these issues,” he said of the roughly seven million Californians who the plan targets. According to Cuéllar, this is a challenge for the courts because it requires individuals to attend court, and it would be wrong for one to walk out uncertain about what to do, and not be able to deal with the proceedings because one cannot pay for an interpreter.
Cuéllar said some of the most important legal services being worked on are offering interpreters in civil court cases and making sure that the court buildings themselves are accessible, including everything from signs to forms.“It takes money, it takes effort, it takes an engaged population… it takes mentors, it takes lawyers who care about the issue,” he said of the plan.
Read More : sundial.csun.edu/2017/02/california-supreme-court-justice-discusses-education-and-immigration-at-csun/
Orlando Bail Bondsman – Twitter argues in federal court for right to disclose surveillance details
Source : Washington Times News
By : Andrew Blake
Category : Orlando Bail Bondsman , Orlando Fl Bail Bonds
Twitter’s attorneys told a federal judge Tuesday that the Justice Department is violating the company’s right to free speech by barring it from stating the specific number of surveillance requests it has received from the government.Lawyers for the social networking service and Justice Department sounded off inside an Oakland courthouse Tuesday amid a years-long legal battle brought by Twitter in a bid to provide precise statistics regarding the number of national security letters its received.
National security letters, or NSLs, are FBI-issued mandates used to compel a company into surrendering data about its services or users. Investigators needn’t obtain a judge’s approval to issue an NSL, though, and they’re often served accompanied by gag-orders that prohibit recipients from disclosing details about the surveillance – including the specific amount of NSLs received and the number of users affected. Currently NSL recipients are only allowed to disclose the number of orders they’ve received in bands of 1000, starting with 0-999. Twitter has taken aim at those supposed national security restrictions, however, and sued the Justice Department in 2014 in a bid “to report meaningful numbers” in the future.
“Even under the most generous First Amendment standard, there is nothing in there that it is a national security harm to say that we received 44 as opposed to 0 to 499,” Twitter attorney Lee Rubin said during Tuesday’s hearing, Ars Technica reported. Nonetheless, Justice Department attorney Julia Berman told the court Tuesday that the executive assistant director of the FBI’s national security branch believes potential adversaries could benefit if NSL recipients publicized more precise details pertaining to the number of surveillance orders.
Read More : washingtontimes.com/news/2017/feb/15/twitter-argues-federal-court-right-disclose-survei/
Orlando Bail Bonds – Republican Lawmakers Propose New Law To Reduce Legal Immigration
Source : NPR News
By : John Burnett
Category : Orlando Bail Bond , Orlando Bail Bonds
When he was running for president, Donald Trump pledged to reduce immigration — both the illegal and legal varieties. His allies in Congress hope to make good on that promise, and two Republican lawmakers have introduced new legislation targeting legal immigration. The landmark Immigration and Nationality Act of 1965 eased the path across the nation’s borders for people from Asia and Africa — parts of the world that previously had limited opportunity to immigrate to the United States. Today, a new generation of immigration restrictionists thinks it’s time to reduce the overall flow. The junior senators from Arkansas and Georgia, Tom Cotton and David Perdue, are proposing a new law.
“The goal here is to get our immigration levels back to historical norms, to take something of a pause to allow the economy to catch up with the immigrants that we have allowed into our country over the last two generations,” Cotton says, “and to focus on the well-being of American citizens, those citizens who are here today, many of whom are struggling economically.” Their bill would do three things: First, limit the number of foreign nationals who are able to get green cards to reunite with their families already in the U.S. — currently the largest category of legal immigrants; second, cut the number of refugees in half; third, eliminate the diversity visa lottery — a program that gives visas to countries with low rates of immigration to the United States. Cotton says the number of green cards awarded each year — about a million — is excessive. “In one year, this would reduce it to around 600,000,” Cotton says. “Over the span of the 10-year window it would fall to about 500,000.”
A plan to cut immigration in half faces entrenched opposition among immigration-friendly Republicans, pro-immigrant Democrats, and business lobbies that favors high immigration rates. But the proposed law has friends in a high place: Cotton says he’s been coordinating with the Trump administration and its coterie of longtime anti-immigration figures, including chief strategist Steve Bannon, Attorney General nominee Jeff Sessions, and Julie Kirchner. Kirchner, the former executive director of the far-right immigration restrictionist group Federation for American Immigration Reform, is now a special political adviser in U.S. Customs and Border Protection. Linda Chavez, a conservative political commentator who served in the Reagan White House, says these restrictionist voices are being amplified this year.
“I’ve been around this issue for 35 years,” she says. “We’ve never seen the kind of reception for these groups that we’re seeing in the Trump administration.” The idea that the time has come to invite fewer people from around the globe to become Americans is based on the belief that there are simply too many unskilled immigrants, and that they are competing with low-skilled Americans for jobs. Economists have done studies for and against this theory, and each side fervently defends its case. “It would be serious, serious changes to the dynamism of the American economy and the American spirit,” says Tamar Jacoby, head of Immigration Works USA, a pro-business group that wants more legal immigrant workers.
The arguments are not all economic — there is a cultural component, the notion that it’s time to let the American melting pot cool down for a spell. In the House of Representatives, Rep. Lamar Smith, R-Texas, expects to propose a companion bill to reduce immigration. He is concerned about immigrant enclaves growing in metropolitan areas. “When you have so many immigrants being admitted, they tend to cluster together, they tend to maybe be a bit more slow in learning the English language, to becoming acculturated, to becoming patriotic Americans,” Smith says. The bill is the first in a series of GOP measures intended to redesign the American immigration system. Everyone agrees immigration desperately needs fixing, but it remains to be seen if Congress is ready to narrow the gate.
Read More : npr.org/2017/02/07/513957928/republican-lawmakers-propose-new-law-to-reduce-legal-immigration
Orlando Bail – State Supreme Court wrestles with open meetings law
Source : Channel 3000 News
By : SCOTT BAUER, Associated Press
Category : Orange County Fl Bailbonds , Orlando Bail
The Wisconsin Supreme Court is wrestling with how broadly to apply the state open meetings law. The court heard arguments Wednesday in a case involving a committee created to review curriculum materials for the Appleton Area School District. A parent in the district sued, arguing that the committee’s meetings should have been open.
Lower courts sided with the district, saying that the meetings were not required to be open.
At the core of the case is whether the law should apply to committees created by employees of a governmental unit and not the governmental body itself. Attorney Rick Esenberg argued that the law should not be applied narrowly.
But district attorney Christine Hamiel says applying the law more broadly could results in administrative functions being subject to the law.
Read More : channel3000.com/news/local-news/wisconsin-supreme-court-to-hear-open-meetings-case_/334488854
Orange County Fl Bailbonds – Why pro sports are rethinking bans on betting
Source : CBS News
By : Jonathan Berr
Category : Orange County Fl Bailbonds , Orlando Bail
Slowly but surely, professional sports leagues are warming to the idea of fans gambling on their games, largely as a way to connect with them in a digital world that makes it increasingly hard to get their attention. Major League Baseball Commissioner Rob Manfred said last week he was re-examining baseball’s ban on wagering, which dates back nearly a century to the 1919 Black Sox Scandal. That’s when mistreated Chicago White Sox players acted in cahoots with gamblers to purposely lose the World Series. “Sports betting happens,” Manfred said at a Yahoo Finance conference. “Whether it’s legalized here or not, it’s happening out there.”
Manfred didn’t disclose what options were being considered as part of the review, and an MLB spokesman wasn’t aware of any timetable for when a decision may be reached. National Basketball Association head Adam Silver embraced the idea of sports gambling in a New York Times op-ed in 2014. At the time, Manfred expressed support for Silver’s column. “Baseball has been largely silent on the issue since then,” said Daniel Wallach, a sports law expert at the Florida law firm Becker & Poliakoff. “I don’t think this is so much baseball’s evolution on the issue as much as it’s a recognition of the reality that’s occurring.” Other sports leagues, however, remain leery about gambling
National Football League Commissioner Roger Goodell noted during the recent Super Bowl that the nation’s most popular sport needs to “make sure that there’s a fine line between team-sports gambling and the NFL” to protect the integrity of the game. And the National Hockey League has opposed efforts to legalize sports betting both in the U.S. and Canada. But both leagues have plans to put franchises in Las Vegas and have partnerships with operators of daily fantasy sports sites, as does MLB. An NFL spokesman declined to comment beyond Goodell’s statement, and a spokesman for the NHL couldn’t be reached. The NCAA also remains opposed to sports betting because it “threatens both the integrity of the game and the well-being of student-athletes,” according to spokeswoman Emily James. “The NCAA is at risk for corruption in a way that the NFL isn’t because the NFL is paying even their lowest-paid guys $450,000,” said Victor Matheson, a sports economist at the College of the Holy Cross, while college athletes don’t receive any monetary compensation.
Sports gambling is illegal in most states, though the prohibition is widely ignored. A 2015 estimate from the American Gaming Association shows that $150 billion is illegally wagered annually at offshore casinos and local bookmakers, among other places. Gamblers wagered almost $5 billion just on last weekend’s Super Bowl. In another twist, New Jersey is challenging restrictions on sports betting in the 1992 Professional and Amateur Sports Protection Act (PASPA) in federal court. According to Wallach, the Supreme Court recently invited the U.S. solicitor general, who represents the government in cases before the court, to submit its position on the law and whether the high court should hear the case.
That was a usual move and indicates that the court is interested in taking the case, he said. “That was a game-changer,” Wallach said. “Many were skeptical that New Jersey would ever be able to convince the Supreme Court to hear the case. … If the court reviews the case, it’s probably more likely than not that the federal law will be invalidated on constitutional grounds, and that will open everything up.” Several experts in sports law and economics believe wagering on sports will be legalized in coming years because team owners have no other choice, especially when the NFL — a TV ratings juggernaut — saw a drop in viewers this season. The change, however, may be gradual. As Jodi Balsam, an associate professor at Brooklyn Law School, put it: “They’re confronting a new digital world order in which their reliable revenue streams may be shrinking.”
Read More : cbsnews.com/news/why-pro-sports-are-rethinking-bans-on-betting/
Orange County Fl Bail Bondsman – Superior Court rules the government is not immune from legal challenges
Source : London Free Press News
By : Randy Richmond
Category : Orange County Fl Bail Bond , Orange County Fl Bail Bondsman
For the second time in two months, a court decision has chipped away at government’s immunity from legal action launched by former inmates. A Superior Court ruling released last week has cleared the way for a London woman to sue the federal government, rejecting in part the immunity argument, following an Ontario Court of Appeal ruling with similar conclusions last month. “It’s another brick in the wall,” London lawyer Kevin Egan said.“Continually, we see the government come to court and say, ‘All our decisions are immune from scrutiny,’ almost making the Charter of Rights meaningless,” he said. “Here the court said there will be some deference to government decision making . . . but the blanket immunity doesn’t apply.”
The latest ruling should have an impact on the legal claims of inmates across Canada seeking compensation for conditions endured behind bars, Egan said. “It really instructs the government to turn their minds to whether their decisions are impacting on Charter rights.” Government decisions, including those based on allocations and financial resources, are generally immune from legal action as long as they are made in good faith. The protection allows politicians and civil servants to make decisions without being handcuffed by the fear of future legal action. The recent court ruling involves the federal government, and Souphin Inkakhana. She was convicted Sept. 27, 2011, of trafficking and sentenced to six years, four months and 27 days in prison.
The offences took place between August 2010 and March 2011, meaning she would have been eligible for accelerated parole review for non-violent offenders, with day parole after serving six months. But as part of the Conservative government’s tough-on-crime agenda, the Abolition of Early Parole Act came in to force in March 2011, before the London woman was sentenced. Souphin was imprisoned for 26 months longer as a result, and argued in following court hearings that the parole act infringed her Charter rights and the government knew or ought to have known applying it retroactively was unconstitutional.
A lower court and the Ontario Court of Appeal ruled Souphin’s Charter rights had been violated and she was eligible for accelerated early parole. The Supreme Court of Canada dismissed the federal government’s leave to appeal the earlier decisions. Souphin then sued the Attorney General of Canada, claiming $250,000 in damages. Egan is representing her in the lawsuit. The attorney general of Canada sought to have the lawsuit struck down, claiming there was no “bad faith or wrongful conduct,” and the decision to enact the new parole law was immune from prosecution.
In a decision released last week, Superior Court Justice Jonathan George rejected the attorney general’s argument, saying immunity applies only when governments act in good faith and without abusing their powers, and only if their laws aren’t found unconstitutional later. George doesn’t rule if Souphin’s case has merit, only that it should proceed. Last month, an Ontario court of appeal ruling involving an inmate in the Don Jail rejected the provincial government’s arguments its core policies were immune from prosecution.
Read More : lfpress.com/2017/02/13/superior-court-rules-the-government-is-not-immune-from-legal-challenges
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