PRACTICE AREA: Criminal

Recent Ontario case which confirms that Indigenous people are not exempt from provincial laws of general application.

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Phrase of the Week - Use A Hand-Held Cellular Telephone

R. v. Ikede | 2015 CarswellNS 879 | Nova Scotia Supreme Court

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Legal Wit — Designer Criminals

[A friend] and [the defendant] and a few of their friends were often to be found in some of Toronto's most posh neighbourhoods.

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Despite s. 39 of the Youth Criminal Justice Act¸ the Provincial Court of British Columbia imposed a custodial sentence of 16 months on a young offender who harassed women with threats of doxing, or publishing their identifiable personal information on the Internet.

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Between conviction and sentencing of the accused, the release of a recent Supreme Court of Canada decision amounted to a fundamental restatement of the law that created a rebuttable presumption where no defence had previously existed – although new arguments on appeal were generally prohibited, the appellate court overturned the accused’s conviction and ordered a new trial.

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R. v. InfoSpec Systems Inc. | 2013 CarswellBC 2145 | British Columbia Court of Appeal

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Legal Wit — By Any Other Name

Shakespeare once said that a rose by any other name smells as sweet.

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The Supreme Court of Canada held the unpaid concessionaire of a toll highway could not block the licence renewal of a driver who obtained a discharge from bankruptcy listing outstanding tolls.

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Recent case finds passenger not arbitrarily detained at roadside when vehicle pulled over by police

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In anticipation of an attack on the adequacy of the police investigation as a defence to the first-degree murder charge, the Crown sought to lead some investigative hearsay evidence. Although a voir dire was held, the Court declined to rule on its admissibility in the absence of any indication that the accused would be raising such a defence.

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No basis to interfere with finding accused did not invoke his right to speak to counsel under s. 10(b) of the Charter of Rights and Freedoms

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Legal Wit — The Bricks of Evidence Stack Up

… a court can take into account erratic driving in conjunction with other pieces of evidence in determining whether there is evidence of some degree of impairment of the Accused's driving.

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