Balancing the Freedom of Expression and the Reasonable Expectation of Privacy under the Charter when the State seeks Production Orders against the Media.

Published On: Dec 06,2018





The issuance and compliance with the execution of search warrants and production on the media to reveal information relative to their (confidential) sources is a contentious issue in Canadian criminal jurisprudence. The seminal cases that considered such issues were in Canadian Broadcasting Corp. v. Lessard, 1991
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The characterization of a jury charge concerning the use exculpatory statements in the context of an impaired driving causing bodily harm case could mislead a jury and result in a conviction being overturned.

Published On: Dec 02,2018






The application of the rules regarding the assessment of an accused person’s statement as raised in R. v. W.(D.),1991 CanLII 93 (SCC)was considered in Regina v. Bacci, 2018 ONCA 928, where the Court of Appeal in Ontario quashed the accused’s conviction for impaired operation causing
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Impaired Driving and Over-80: Are historical maintenance records for a breathlyzer device are first or third party records in impaired driving investigations?

Published On: Nov 03,2018





In an important disclosure decision from the Supreme Court of Canada (the “SCC”) provides guidance on legal standard imposed on Crown Prosecutors and policing services to disclosed historical maintenance records that pertain to the breathalyzer device used in the context of impaired driving investigations under section
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When police officers are charged with crimes relating to their conduct during an investigation, can they, at their own discretion, disclose to their defence lawyers information they learned during that investigation that might reveal the identity of a confidential informer? By J.S. Patel, Criminal Lawyer, 403-585-1960

Published On: Jul 20,2018






Pre-trial disclosure applications to secure information from confidential informants has been heavily considered by the Supreme Court of Canada in previous cases (i.e. Regina v. Barros, 2011 SCC 51).  This case, however,  involves an academically interesting question of criminal law.  It was eloquently framed in the
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