A sentencing judge’s decision to “jump” and joint position between the defence and the Crown was overturned, in an Impaired Driving case, by the Court of Appeal when the sentencing court failed to follow the applicable principles on joint positions and vacating a guilty plea

Published On: Jul 04,2019

In Regina v. Espinoza-Ortega, 2019 ONCA 545, the Ontario Court of Appeal set aside the accused’s conviction and sentence for impaired driving causing bodily harm and related charges and ordered a new trial. The accused entered a guilty plea and presented a joint submission for a sentence of 45 days, three years’
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Self Defence could apply even if the accused strikes first.

Published On: Jun 29,2019

In Regina v. Fougere, 2019 ONCA 505, the Ontario Court of Appeal set aside a conviction and ordered a new trial for aggravated assault where the Crown erroneously told the jury that self-defence could not apply if the accused struck the complainant first.

The accused
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Court of Appeal strikes down an mandatory consecutive sentences as unconstitutional by the Quebec Court of Appeal for a Sentence of Sexual offences against children

Published On: Jun 18,2019

In Regina v. Martel, 2019 QCCQ 2883, the Cour du Québec held that s.718.3(7) of the Criminal Code violates the s.12 Charter right against cruel and unusual punishment. This provision requires that sentences be imposed consecutively where the accused is convicted of sexual offences against more than one child, or where the
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The Right to the Trial in French

Published On: Jun 12,2019

In a recent decision, the Supreme Court of Canada has held that an accused person has the right to have a trial in French.   In Bessette v. British Columbia (Attorney General), 2019 SCC 31, the Court held that while both the British Columbia Offence Act and the Motor Vehicle
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In Regina v. Reilly, 2019, ABCA 212, the Alberta Court of Appeal rejected the notion that a stay of proceedings under Section 24(1) of the Charter is warranted when the police “over-hold” a detainee, without taking them before a Justice, before twenty-four (24) hours.

Published On: Jun 11,2019

The Court set aside a stay of proceedings imposed due to systemic breaches in Alberta of accused persons’ right to be taken before a justice as soon as practicable (to a maximum of 24 hours).   The Crown conceded that the respondent’s s. 7, 9, and
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Regina v. Lee, 2019 SCC 34. Racial Profiling and Arbitrary Detention. Practice of Carding on Racialized Communities; Trespassing by the Police and the doctrine of Implied licence, leading to the exclusion of evidence (drugs and firearms) under section 24(2) of the Charter  

Published On: Jun 10,2019

The top court in Canada, recently found that section 9 of the Charter was violated when the police had entered a fenced backyard area for the purposes of questioning and “carding” five (5) racialized men without the requisite grounds for so doing.  In broad strokes, s.
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