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 Read More »
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 Read More »
Published On: Jun 17,2017
June 17, 2017: An example of where a Criminal Court Judge may not take judicial notice of the evaporation and a Judge can take judicial notice of the evaporation rate of alcohol in person, in the context of the impaired driving or DUI case.
The manner in which a Read More »
Published On: Jun 17,2017
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 Read More »
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 Read More »
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 Read More »
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 Read More »
Published On: Jul 26,2016
The Constitutionality of the Crown Prosecutor’s Appellant powers under Sections 230.1 and 245(2)National Defence Act were upheld by the Supreme Court of Canada in R. v. Cawthorne, 2016 SCC 32
Appeal Provisions The most recent decision from the Supreme Court of Canada that impacts the sphere of criminal lawyer and Read More »
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 Read More »
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 Read More »