We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Criminal

Latest

Wednesday, August 22, 2018 @ 8:40 AM

CONSTITUTIONAL ISSUES - Protection against unreasonable search and seizure

Application by the accused, charged with possession of cocaine and marijuana for the purpose of trafficking, production of cocaine, possession of the proceeds of crime, and possession of cannabis resin, for a declaration his section 8 Charter rights had been infringed. ... [read more]

Tuesday, August 21, 2018 @ 12:24 PM

Global expert consensus confirms misuse of criminal law in HIV non-disclosure cases, at odds with science aidsribbon2_sm.jpg

The past year has seen many watershed moments for people living with HIV — including the latest news out of Amsterdam from the 22nd International AIDS Conference (AIDS 2018). ... [read more]

Tuesday, August 21, 2018 @ 11:23 AM

Maintaining public confidence behind denial of bail pending indecent assault appeal

Public confidence in the justice system was kept firmly in the eye of a Newfoundland court in denying a senior an interim release pending the appeal of his conviction for sexually assaulting a boy three decades ago. The Aug. 8 Court of Appeal of Newfoundland and Labrador written decision in R. v. Grant 2018 NLCA 49, involves David Grant and his being found guilty of incident assault against a 12-year-old boy around 30 years ago. ... [read more]

Tuesday, August 21, 2018 @ 9:23 AM

RCMP launches online training course for police on cannabis legislation David Wood, Borden Ladner Gervais LLP

Canadian police officers now have an extra tool in their pockets when the deadline for the legalization of cannabis ticks down with the development of a new online training course, but a legal expert is saying much of the education is likely to take place on the streets rather than in front of a computer screen. ... [read more]

Monday, August 20, 2018 @ 12:02 PM

What the Canyon Meadows assault decision means to municipalities Video_camera_sm.jpg

In the recent decision McAllister v. Calgary (City) 2018 ABQB 480, the City of Calgary was found liable by the Alberta Court of Queen’s Bench for a random and unprovoked assault which occurred on New Year’s Eve. ... [read more]

Friday, August 17, 2018 @ 1:35 PM

Improper jury charge on circumstantial evidence leads to new trial for lovers caught talking murder Ron_Piche_sm

Juries of criminal trials must be properly instructed on the complexities of conspiracy and circumstantial evidence, say lawyers after a Saskatchewan court ordered a new trial for cheating lovers caught talking about killing their spouses. ... [read more]

Friday, August 17, 2018 @ 9:37 AM

Lawyers foresee bumpy road ahead if TWU renews its bid for law school accreditation Barry Bussey

Lawyers foresee a bumpy road ahead if Trinity Western University (TWU) renews its failed bid to create Canada’s first religious law school. The Langley, B.C.-based evangelical Christian private university announced Aug. 14 that starting in the 2018-2019 school year student adherence to its religious-based code of ethics (“community covenant”) will be optional (but not for professors or other staff) — not mandatory as before. ... [read more]

Wednesday, August 15, 2018 @ 1:05 PM

Doug Ford’s pot plan leaves black-market and supply-and-demand issues unresolved cannabisshoppingbag_sm.jpg

On August 13, 2018, the government of Ontario announced that it will permit private retailers to sell recreational cannabis within the province. The announcement followed weeks of speculation and a Globe and Mail report from an unidentified government source. ... [read more]

Wednesday, August 15, 2018 @ 9:32 AM

Supreme Court of Canada Chief Justice Wagner picks francophone litigator as new principal advisor Renee Theriault

The Supreme Court of Canada has announced a key personnel change as it prepares for a busy fall session. On Aug. 14, the top court revealed that Vancouver civil litigator Gib van Ert, the executive legal officer (ELO) to the Chief Justice of Canada for the past three years, has been succeeded in that key role by Renée Thériault — the first francophone female ELO and only the third woman to take on the influential behind-the-scenes job as principal advisor to Canada’s top judge. ... [read more]

Wednesday, August 15, 2018 @ 9:20 AM

Decision narrows definition of Facebook privacy facebook_privacy_sm

In 2017, the Supreme Court of Canada concluded in R. v. Marakah, 2017 SCC 59 that, in certain circumstances, an individual may have a reasonable expectation of privacy in text messages sent and received. However, a recent decision of the Ontario Superior Court of Justice in R. v. Patterson, 2018 4467 has distinguished and significantly narrowed the ambit of Marakah in concluding that a sender of Facebook Messenger messages does not have an objective expectation of privacy in those messages stored on Facebook's servers in the United States. ... [read more]