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NEW MARIJUANA AND DUI LAW

NEW MARIJUANA AND DUI LAW Sucking and Blowing Two new bills were proposed by the government of Canada this week. The new marijuana bill which legalizes possession of 30g or four marijuana plants and new impaired driving legislation. The link for the new marijuana bill is here: The link for the new impaired driving link Read More

Counsel of Choice

Counsel of Choice In a prior blog a wrote about cases that dissuade police agencies from “steering” detainees to speak with duty counsel (see for example R. v. Street 2016 SKPC 7 , R. v. Lafrance, 2015 SJ No. 35 and a new decision R. v. Clayton 2017 ONCJ 199). This counsel of choice issue Read More

Counsel of Choice

Counsel of Choice In a prior blog a wrote about cases that dissuade police agencies from “steering” detainees to speak with duty counsel (see for example R. v. Street 2016 SKPC 7, R. v. Lafrance, 2015 SJ No. 35 and a new decision R. v. Clayton 2017 ONCJ 199). There is an inherent tension with Read More

Bail

BAIL The Primary Ground Strength of the Crown’s Case “The expeditious and sometimes informal nature of a bail hearing may reflect an unrealistically strong case for the Crown”.             R. v. St Cloud 2015 SCJ NO 27 at paras 57-9 “In considering all of the relevant circumstances, the hearing judge must not become so focused Read More

Careless Driving and Dangerous Driving

Listen to Criminal Defence Lawyer Rory Ziv talk about careless driving and dangerous driving here. Rory does an excellent job of clarifying the differences using case law in an accessible manner.

Sentencing: Pre-trial House Arrest

A number of cases deal with the issue of the application of Pre-Trial House Arrest in a sentencing determination. R. v. Lau, 2004 ABCA 408 Similarly, a trial judge may take account of very strict bail conditions and treat that as akin to custody in calculating a sentence: R. v. Spencer(2004), 2004 CanLII 5550 (ON CA), 186 C.C.C. Read More

Travis Vader CAse

Vader Strikes Back– A review of the Travis Vader decision.   The Travis Vader decision[1] has captured the interest of Albertans. Apparently as the decision was being broadcast live, a novelty in Canadian trial law, commentators were contemporaneously questioning the correctness of the trial judge’s decision on social media. I have decided to review the Read More

Conditional Sentence Order and Suspended Sentences

The following are some cases where Courts have made Conditional Sentence Orders or Suspended Sentences for charges of assault causing bodily harm, or assault with a weapon, and aggravated assault. The cases and the descriptions have been taken from CanLii and Quicklaw. Conditional Sentence Orders R. v. Sim- 2004 ABCA 349 Appeal by the Crown Read More

Strip Searches and Charter Rights

Strip Searches engage important Charter Rights. The following cases shed some light on the constitutionality of strip searches. R. v. Golden 2001 SCJ No 81 para 101 In this connection, we find the guidelines contained in the English legislation, P.A.C.E. concerning the conduct of strip searches to be in accordance with the constitutional requirements of Read More

Hearsay Evidence and Inadmissibility

R v Threefingers, 2016 ABCA 225 is a good case on the inadmissibility of Hearsay evidence. This case illustrates the difficulty courts have in admitting hearsay evidence if it does not meet the requirements under the Modern Principled Regime. Live questions of reliability will always give the accused a fighting chance in criminal proceedings. Background This Read More

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