Impaired Driving and Over-80: Are historical maintenance records for a breathlyzer device are first or third party records in impaired driving investigations?

Published On: Nov 03,2018

In an important disclosure decision from the Supreme Court of Canada (the “SCC”) provides guidance on legal standard imposed on Crown Prosecutors and policing services to disclosed historical maintenance records that pertain to the breathalyzer device used in the context of impaired driving investigations under section
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When police officers are charged with crimes relating to their conduct during an investigation, can they, at their own discretion, disclose to their defence lawyers information they learned during that investigation that might reveal the identity of a confidential informer? By J.S. Patel, Criminal Lawyer, 403-585-1960

Published On: Jul 20,2018

Pre-trial disclosure applications to secure information from confidential informants has been heavily considered by the Supreme Court of Canada in previous cases (i.e. Regina v. Barros, 2011 SCC 51).  This case, however,  involves an academically interesting question of criminal law.  It was eloquently framed in the
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Admissibility of Statements made by Youth Offenders.

Published On: Jul 16,2018

When the police are interacting with minors the common-law rules of voluntariness and counsel differ relative to adults.  The initial stages of the investigation are critical and it is imperative that you understand your rights relative to a police investigation at the outset.  In Reginav. N.B., 2018 ONCA 556,
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Cross Examining on Specific Instances of Sexual activity,and the Jurisdiction of trial judge to revisit pre-trial rulings of prior judges on Pre-Trial Applications.

Published On: Jun 29,2018

Evidence of sexual activity between a complainant and another person may be admitted if it is not tendered for a purpose prohibited by s.276(1) of the Criminal Code and it satisfies the admissibility test under s.276(2).  The basic principles governing the application of s.276 were reviewed in Regina v. T.(M.), 2012
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