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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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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