The conduct of the defence in assessing the delay at trial under Section 11(b) of the Charter; and whether the calculation of the delay is the period between charge and verdict or between charge and sentence.

Published On: Aug 21,2017

August 20, 2017
The conduct of the defence in assessing the delay at trial under Section 11(b) of the Charter; and whether the calculation of the delay is the period between charge and verdict or between charge and sentence.  By J.S. Patel, Barrister, 403-585-1960 or 1-888-695-2211



In our
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Is there a reasonable expectation of privacy, under the Charter, for hydro and electricity Records under s. 8? If so, should that evidence be excluded due to a breach of those rights?

Published On: Aug 19,2017

August 19, 2017
In Regina v. Orlandis-Habsburgo, 2017 ONCA 649, the Ontario Court of Appeal stated there is but given the applicable law at the time of the indexed offence, the police could not be criticized for their conduct and the evidence was admitted in either event despite the
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Curative Discharges in Impaired Driving Cases. What is a curative discharge application under Criminal Code of Canada and will I receive a criminal record, if a discharge is granted by the Court? 403-585-1960

Published On: Aug 16,2017

 
The Criminal Code of Canada (the “Code”) imposes mandatory minimum sentences when convictions are entered for impaired driving offences under Section 253(1)(a) and (b).  This means that once a Court finds that an accused person is guilty of an offence for impaired driving or driving while their blood-alcohol ratio
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Whether a criminal defence lawyer may make an application to record to the testimony of a Crown witness, an Ontario Police officer, to further an expert spectrographic voice identification analysis to support an application to exclude all improperly obtained evidence under Section 8 of the Canadian Charter of Rights and Freedoms.

Published On: Jul 31,2017

The accused person, in Regina v. Dunstan, was convicted of multiple counts of possession for the purpose of trafficking and one count of possession of the proceeds of crime after the police discovered significant amounts of various drugs and approximately $100,000 in cash after responding to an anonymous call reporting
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Sentencing – Immigration consequences not considered

Published On: Jul 31,2017

Sentenced overturned from twelve months of jail to six months less a day to avoid severe immigration consequences. 
The collateral immigration consequences should be considered in a sentencing hearing for a criminal matter.   Since this case involves an on-going publication ban, the names of the parties involved (inclusive of the
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Challenges to Jury Selection in Criminal Courts

Published On: Jul 27,2017

Challenges to Jury Selection in Criminal Courts based on racial prejudicing and the use of “Static Jurors” in the jury selection process. 
In Regina v. Husbands, 2017 ONCA 607, the Ontario Court of Appeal set aside various jury convictions. Those convictions included two counts of second degree murder; five (5)
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