Criminal Archives : 2016

News and Views | Milligan's Criminal Law Advisor

Supreme Court of Canada upholds taking of penile swab as lawful search incidental to arrest in sexual assault case

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In a recent decision, the Ontario Court of Appeal overturned the decision of the trial judge to admit evidence of 50 marijuana plants, holding that the evidence was obtained in a manner that violated the accused's Charter rights and that the breaches were close to "the extreme end of seriousness."

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Segal's Motor Vehicle and Impaired Driving Newsletter | Street Racing

After the sixteen-year-old street racer had collided with a cyclist and pleaded guilty to dangerous driving causing death, Ontario’s Court of Justice imposed a sentence that included 7 months open custody, 3½ months community supervision, 1 year probation and a 5-year driving prohibition.

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Sample Legal Memo | Breath Sample Demands

This sample legal memo discusses how long "as soon as practicable" is within the meaning s.254(3).

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This post gives an overview of the criminal law procedure involved in arrests, including a definition of the term, notice required, arrest without a warrant, and the powers of a peace officer incidental to arrest.

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Emerging Issues Bulletin | Drug Offences in Canada

This Emerging Issues Bulletin discusses the escalating threat of fentanyl and W-18, the rise of Internet-based drug importation schemes, and the outcomes of the April 2016 United Nations General Assembly Special Session on Drugs

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The law requires no specific form of jury instruction warning against the danger of convicting on evidence that had been tracked down by police dogs, according to B.C.’s appellate court.

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News and Views | Police Powers

Ontario court holds smell of alcohol in vehicle gives rise to reasonable suspicion for breath demand

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Case Comment on Physician-Assisted Dying

This post discusses a recent decision of the Ontario Superior Court in which the court authorized a doctor-assisted death for an applicant suffering from incurable cancer.

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News and Views | Milligan’s Criminal Law Advisor

Supreme Court of Canada rules provision of Truth in Sentencing Act violates principles of proportionality in sentencing

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B.C. Court of Appeal finds accused had reasonable expectation of privacy in social media messages

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Word of the Week | Dial-a-Dope

R. v. Voong | 2015 BCCA 285 | British Columbia Court of Appeal

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