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Thursday, March 30, 2017 @ 8:00 PM

Supreme Court shuts door on warrantless searches

A person’s home remains his or her castle, the Supreme Court of Canada has reaffirmed in a Charter judgment which reins in warrantless searches, while also deciding that the confessions rule does not apply in Charter voir dires. ... [read more]

Tuesday, March 28, 2017 @ 12:32 PM

Ontario boosts funding for court services in Niagara Region

In an effort to make Ontario’s criminal justice system more efficient, the Ministry of the Attorney General announced increased funding to the Bail Verification and Supervision Program (BVSP) for St. Catharines and Niagara Region. ... [read more]

Tuesday, March 28, 2017 @ 6:35 AM

PARDON OR RECORD SUSPENSION - Appeals and judicial review - Parole boards

Application by Thanabalasingham for judicial review of a Parole Board of Canada decision denying the applicant’s request for a record suspension. The applicant, a Tamil citizen of Sri Lanka and, at the time of application, a permanent resident of New Zealand, was injured in a house fire and died in January 2017. The applicant was allegedly involved in a Tamil youth street gang in Canada and, in the 1990s, was convicted of three charges related to violent activity. The applicant was deported in 2006 following his arrest on the grounds that he was a member of an organized crime group and was subsequently charged with perjury for minimizing his involvement in the street gang. He had resided in New Zealand since his deportation. In 2009, he was denied a record suspension on the grounds that he had not demonstrated good conduct, he had unpaid fines and he had been deported as a danger to the public. He applied for a record suspension a second time in 2014. In 2015, the Board reached a preliminary decision to refuse the applicant’s request. In 2016, the applicant responded by letter providing context for his criminal involvement. In May 2016, the Board refused his request for a record suspension on the basis that, despite positive factors, the applicant involved himself in a violent lifestyle, he had been charged with numerous offences and his time in Canada had not produced positive achievements. At issue on the application was whether the Board erred in law in 1) misinterpreting its discretion under the Criminal Records Act, and 2) failing to consider relevant factors. The applicant’s counsel argued that good conduct was required to be assessed within the relevant time period, and that the Board committed a reviewable error in treating the applicant’s perjury charge as though it constituted bad conduct within the period of time under review. The applicant’s counsel argued the relevant time period should be ten years back from when he applied for the record suspension in 2014, which would have placed his perjury charges outside the period under consideration. ... [read more]

Monday, March 27, 2017 @ 3:15 PM

Koziebrocki opens firm catering to regulated professionals

Josh Koziebrocki has opened Koziebrocki Law, a firm focused on representing regulated professionals with complaints, investigations and discipline proceedings. ... [read more]

Monday, March 27, 2017 @ 3:13 PM

Former Ontario AG Bryant joins Robichaud's as counsel

Michael Bryant, former attorney general of Ontario, has joined Robichaud’s Criminal Lawyers as counsel. ... [read more]

Monday, March 27, 2017 @ 8:45 AM

CRA, law enforcement’s collection of fingerprints raises questions

The Canada Revenue Agency (CRA) has been working with law enforcement agencies to upload fingerprints to the Canadian Police Information Centre (CPIC) database of those charged with or convicted of tax evasion. ... [read more]

Friday, March 24, 2017 @ 9:15 AM

Metanor Resources and the Americanization of prosecuting companies

Metanor Resources (Metanor), in Quebec is the first company in Canada to proceed to trial on a charge of criminal negligence causing death. The case concerned the drowning deaths of three miners from 2009. Closing arguments in the trial are scheduled for June 18-19, 2017. ... [read more]

Friday, March 24, 2017 @ 9:02 AM

Media relations isn't marketing, and that's just the first mistake lawyers make | Julius Melnitzer

When it comes to maximizing the benefits of good media relations, many Canadian law firms haven’t quite got it yet. For those of you who are thinking, “What are you talking about? The profession’s marketing savvy has come a very long way” — you’re making my point. What a lot of law firms still don’t seem to understand is that marketing and media relations are two distinct arts. Lumping them together is akin to shoving an admiralty lawyer and an entertainment lawyer into the same pigeonhole. ... [read more]

Thursday, March 23, 2017 @ 8:00 PM

Criminal Law - Compelling appearance, detention and release - Arrest - Without a warrant - Reasonable and probable grounds

Appeal by the accused, Quilop, from a conviction for possession of cocaine for the purpose of trafficking. Police received an anonymous tip the accused was involved in cocaine trafficking. No further details were provided regarding the accused or the informant’s past involvement with police, if any. Police placed the accused under surveillance and observed interaction with another individual suspected of drug trafficking based on a similarly undetailed uncorroborated tip. The following day, police observed the accused have brief meetings with two individuals. After the first meeting, the individual exited the accused’s vehicle after two minutes carrying an object the size of a baseball. The second meeting involved the accused enter and exit an apartment carrying a small pouch. Police arrested the accused hours later, seizing 30 bags of cocaine and crack cocaine, cash and cell phones in an incidental search. The trial judge determined police had reasonable and probable grounds to believe the accused had committed an indictable offence. The arrest was ruled lawful and the accused was convicted. The accused appealed. ... [read more]

Thursday, March 23, 2017 @ 8:00 PM

Criminal Code offences - Offences against person and reputation - Motor vehicles - Impaired driving or driving over the legal limit

Appeal by the Crown from the acquittal of the accused, McLachlan, for impaired driving. The accused was arrested after she failed a roadside impaired driving test. She provided two breath samples at the detachment indicating a blood-alcohol level of approximately twice the legal limit. The breath samples were taken more than two hours after the accused’s arrest due to delays at the detachment. In accordance with normal practice, the qualified breath technician required the accused to stand on a scale in order to provide her weight. Knowledge of the accused’s weight aided a toxicologist in forming an expert opinion that no bolus drinking had occurred. The trial judge found that the police action of requiring the accused to stand on a scale constituted an illegal search that breached her s. 8 Charter rights. The evidence was excluded pursuant to s. 24(2) of the Charter, resulting in the accused’s acquittal. The Crown appealed. ... [read more]