A Game Changer? R. v. Sharma 2020 ONCA 478
By a 2:1 margin the Ontario Court of Appeal have struck down legislation which prevented drug traffickers from receiving house arrest as an alternative sentence
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By a 2:1 margin the Ontario Court of Appeal have struck down legislation which prevented drug traffickers from receiving house arrest as an alternative sentence
Alberta’s Proposed New Impaired Driving Law [1] About ten years ago British Columbia implemented a new legislative scheme whereby impaired drivers were not
COVID 19 – Paths to Criminal Liability Introduction [1] As we start to practise social distancing – the obvious question emerges – what is our
It’s not a Credibility Contest! [1] We often hear the term used “it’s he said — she said” to explain how a judge will
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
Seinfeld Saves the Day [1] In a recent case, R. v. Burgess 2020 ABQB 50, Mr. Burgess was late for his trial regarding some bylaw
Burning Down the House R. v. Tatton 2015 SCC 33 [1] Mr. Tatton decided to cook some bacon. He put some vegetable oil in a
A POLICE STOP – NOTHING MORE THAN A RUSE In a recent decision, PCJ. L. Anderson held that my client was not stopped for enforcement
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
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 Sucking and Blowing Two new bills were proposed by the government of Canada this week. The new marijuana bill which
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