Category: Criminal Defence

Don’t Forget about Consent

Don’t Forget about Consent [1]          In R. v. Foster 2020 NBCA 2020 the court overturned a sexual assault conviction because the trial judge failed to

IMPROPER POLICE STOP

A POLICE STOP – NOTHING MORE THAN A RUSE In a recent decision, PCJ. L. Anderson held that my client was not stopped for enforcement

Capacity to Consent

The Cab Driver – Incapacity to Consent This is a follow-up to a blog I posted concerning a case where a cab driver was found

Proving Lack of Consent

The Cab Driver – Failing to Prove Lack of Consent A controversial case is before an appeal court in Nova Scotia.  When reading the facts

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

Colour of Right

Theft and Colour of Right Theft 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right