Humanitarian and Compassionate Grounds applications

Published On: Jun 22,2017

June 16, 2017:  Humanitarian and Compassionate Grounds applications for permanent residency in Canada based on a risk of gender based violence.
In Delille v. Canada (Immigration, Refugees, and Citizenship), 2017 FC 508 (CanLII), the Federal Court in an immigration case found that an officer’s assessment of a Humanitarian and Compassionate
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Niagara Cheese Smugger

Published On: Jun 19,2017

The “Niagara Cheese Smugger”, a police officer in Ontario, sentenced to one-hundred and twenty (120) days in jail.
The accused/appellant was at the relevant times a police officer with the Niagara Regional Police. He was convicted of conspiracy to smuggle cheese into Canada from the United States without paying the
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Criminal defence lawyers must be aware of the immigration consequences

Published On: Jun 13,2017

Criminal defence lawyers must be aware of the immigration consequences at a sentencing on any guilty pleas under the Criminal Code of Canada that may result in a removal order being issued against a client.
The Ontario Court of Appeal recently allowed an appeal against a suspended sentencing at the
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Circumstantial Evidence in a Criminal Trial

Published On: Jul 30,2016

Reasonable or Rational Inferences from Circumstantial Evidence in Criminal Trials: Regina.v.Villaroman, 2016 SCC 33. (July 29, 2016) by J.S. Patel, Barrister, 403-585-1960
The Supreme Court of Canda (the “Court”) in R. v. Villaroman, 2016 SCC 33 (“Villaroman”) recently dealt with a number of issues that have an impact on field
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Trinity Western University Graduates overturns decision by the Barrister

Published On: Jul 28,2016

Trinity Western University Graduates overturned a decision by the Barrister’s Society of Nova Society to prevent graduates to practice law given notwithstanding the restrictions and putative discriminatory treatment against the LGBTQ community, July 26, 2016

The Nova Scotia Court of appeal (“NSCA”) recently rendered a controversial decision permitted
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Section 11 (b), Vassell (SCC) Decision

Published On: Jul 18,2016

Section 11(b) of the Charter: A three (3) year delay in proceeding with a criminal trial leads to a stay of proceedings, resulting in all charges against an accused being dismissed.  [June 30, 2016]

The Supreme Court of Canada recently decided and added it’s line of case-law on the
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Developments in Criminal law

Published On: Jul 15,2016

June 25, 2016:  “The Common Law Search Incident to Arrest Powers: Penile Swabs to Cell Phones” J.S. Patel, Barrister
There is arguably a pattern to be discerned from the Supreme Court of Canada (the “SCC”) and other jurisdictions wherein there is a principled abatement of individual privacy rights when balanced against the
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