Published On: May 17,2018
The Ontario Court of Appeal upheld a decision of the Superior Court in striking down the mandatory minimums required under ‘Unauthorized Production” provisions of Section 7(1) of Controlled Drugs Substances Act (the “CDSA”). InReginaand VU, 2018 ONCA 436, the Ontario Court of Appeal considered three Read More »
Published On: May 01,2018
Recently the Court of Appeal in Regina v. Williams, 2018 ONCA 367the Ontario Court of Appeal allowed the accused’s appeal against his twelve (12)-year sentence (less five years for time served) which was imposed, following his guilty plea, in response to convictions for drug and firearm offences arising out of Read More »
Published On: Apr 23,2018
In Regina v. Hines, 2018 ONCJ 197, the Ontario Court of Justice held the police used excessive force where, in the context of a “chaotic” situation, they struck the accused in the face with a baton and pepper sprayed him while he was handcuffed.
The relevant facts Read More »
Published On: Mar 03,2018
The Superior Court of Ontario, reviewed the viability of Section 520 of the Criminal Code of Canada (the “Code”) against the principles laid out by the Supreme Court of Canada (“SCC”) in Regina v. Antic, infra. Tunney is a critical bail review decision by Justice Joseph Di Luca of Read More »
Published On: Feb 02,2018
Motive to Fabricate
While the assessment of credibility in a context of a sexual assault is driven by general principles, there are deeper legal principles, surrounding the rules of evidence that govern its application. In Regina v. A.S., 2017 ONCA 994, the Ontario Court of Appeal ordered a new trial Read More »
Published On: Jan 31,2018
The Ontario Court of Appeal has recently ruled on the counsel’s ability to be withdrawn on counsel of record. The starting point for any analysis stems from the Supreme Court of Canada’s decision in Regina v. Cunningham, [2010] 1 SCR 331, 2010 SCC 10 (CanLII) where the Court laid out Read More »
Published On: Jan 17,2018
Under the Criminal Code of Canada (the “Code”), a “dangerous offender” designation carries serious criminal law consequences. Generally, it is reserved for the most violent and sexual predators. The designation carries an automatic sentence of imprisonment for an indeterminate period, with no chance of parole for seven years. The constitutionality Read More »
Published On: Dec 14,2017
Whether text messages attract a reasonable expectation of privacy under Section 8 of the Canadian Charter of Rights and Freedoms; and whether such evidence ought to be ought excluded from a trial viz Section 24(2) of the Charter?
Text messages that have been sent and received can, in some cases, Read More »
Published On: Oct 28,2017
The Supreme Court of Canada recently consider in a landmark decision what the phrase “Term of imprisonment” meant within the context of s.36(1)(a) of the Immigration and Refugee Protection Act (IRPA). The Court concluded that is does not include conditional sentences orders: Tran v. Canada (Public Safety and Emergency Preparedness), 2017 SCC Read More »
Published On: Sep 11,2017
The Ontario Court of Appeal recently considered and reaffirmed the rules and principles governing the use of eye witness identification. In Regina v. M.B., 2017 ONCA 653, the Court of Appeal reversed a trial judge’s decision in Read More »