Sean Fine, The Globe and Mail

Sean Fine

The Globe and Mail

San Antonio, TX, United States

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Recent articles by Sean:

Prosecutor concedes man was wrongly convicted in Thunder Bay case

Lawyer for man who was wrongly convicted in Thunder Bay on gun and drug charges cites race as defining feature of case → Read More

Democracy Watch challenges independence of judicial appointments

A novel lawsuit from Democracy Watch relies in part on unwritten constitutional principles requiring independent judges in whom Canadians have confidence. → Read More

Supreme Court upholds limits on conditional sentences

In 5-4 decision, majority says Indigenous offenders do not have constitutional right to special treatment in justice system → Read More

Use of the notwithstanding clause as a political tool becoming more common

The Ford government’s use of the notwithstanding clause in the area of labour rights is the first since the Supreme Court of Canada ruled that the right to collective bargaining and to strike are protected by the Charter of Rights in 2015 → Read More

Supreme Court rules mandatory registration of all sex offenders unconstitutional

In a 5-4 ruling, the Supreme Court found mandatory inclusion on the registry unfair, and a violation of the Charter, because not all sex offenders are at risk of reoffending → Read More

Judges can give tougher sentences than what prosecutors ask for, Supreme Court rules

Supreme Court justice writes that setting sentences at what prosecutors ask for would allow the Crown, rather than judges, to determine the upper end of sentencing ranges for crimes → Read More

Two Canadian women return from Islamic State detention camp in Syria, one faces terrorism charges

Federal authorities have charged Oumaima Chouay with terrorism offences and obtained a peace bond for Kimberly Polman → Read More

Supreme Court rules on property rights in win for land developers

The 5-4 ruling targets governments that steal land through development freezes or zoning changes → Read More

Ontario to speed up hearings on international child-abduction cases

Seven-day rule reflects the urgency of achieving quick resolutions to abduction cases that involve member countries of the Hague Convention on the Civil Aspects of Child Abduction → Read More

News organization challenges federal laws on protecting sources

The case is at least the fourth in Canada involving court applications by men accused of sexual assault seeking to obtain media interviews with alleged victims since the federal Journalistic Sources Protection Act took effect in 2017 → Read More

Supreme Court rules on right to silence for suspects during interviews

The 7-2 majority decision states police should warn suspects of their right to silence but it isn’t strictly necessary and only applies if the suspect is detained → Read More

Supreme Court looks at definition of voyeurism

A children’s hockey coach was convicted of voyeurism in 2019 for taking photos of players in dressing room, but the B.C. Court of Appeal ordered a new trial this year, saying the judge had not given enough consideration to whether nudity was to be expected at the time → Read More

Danielle Smith’s sovereignty act covers uncharted territory, scholars say

Some experts see the proposed law as a rejection of the original 1867 Constitution → Read More

Supreme Court hears arguments on whether United States is safe for refugees

Members of the Supreme Court of Canada expressed doubts that the United States is unsafe for migrants turned away from Canada → Read More

Conviction appeal in Surrey Six case heads to the Supreme Court

The Surrey Six case poses an extreme question: Can mass killers be let off the hook if wrongdoing by police and jailers is deemed egregious enough? → Read More

Ontario’s top court upholds acquittal on self-defence grounds in 2017 Hamilton shooting

Ontario Court of Appeal rules Gladue principles, which require special consideration for Indigenous offenders, apply at trial → Read More

Ontario’s top court to hear from justice of the peace facing dismissal after writing critical opinion piece

Ontario Court of Appeal will hear from Justice Julie Lauzon, who faces dismissal from the bench for publishing a strongly worded criticism of Canada’s bail courts in a comment piece → Read More

Justice Michael Moldaver, outspoken champion of sexual assault complainants, has retired

Justice Michael Moldaver, the driving force behind the Supreme Court’s push to rid the criminal-justice system of delay, retired on Sept. 1 → Read More

Mother loses appeal in custody case, Ontario court sends her three children to Nigeria

An Ontario appeal court has sent three children to Nigeria and the custody of their father, one of a growing number of disputes in Canada that set concerns about international child abduction against arguments about discrimination in foreign jurisdictions → Read More

Supreme Court justices hold hearing in Quebec

More than 100 people sat in on the courtroom in Palais de justice de Québec on Wednesday → Read More