The mandatory minimum punishment laws for the production of a controlled substance, contrary to Section 7(1) of the Controlled Drugs Substances Act, was struck down as unconstitutional by the Ontario of the Appeal.

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
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A Broken Bail System in Canada due to a Crown/Judicial Culture of Risk Aversion through an excessive use of Sureties: In Regina v. Tunney, 2018 ONSC 961, the Ontario Superior Court of Justice at a bail review considered Crown-onus bail hearings and held as follows:

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
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An evidentiary assessment, from the case-law, of the motives of complainants to lie in historical sexual assault cases, and a disbelief of accused’s evidence

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
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The Constitutionality of the Dangerous Offender Provisions of the Criminal Code of Canada upheld by the Supreme Court of Canada.

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
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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?

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,
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Conditional Sentence Orders (CSO) granted under the Criminal Code of Canada are not “terms of imprisonment” for immigration purposes under the Immigration and Refugee Protection Act.

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
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