Incompetence of Counsel: Disclosing a Statement to the Crown.

Published On: Dec 19,2022

Ineffective Assistance of Counsel: Disclosure statements to Crown Prosecutors without informed consent of the client.

In Rex v. McDonald, 2022 ONCA 838, the Ontario Court of Appeal set aside a defendant’s convictions for aggravated assault and threatening death based on an
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Parole (in)eligibility on First Degree Murder Matters

Published On: Jun 17,2022

The imposition of consecutive parole (in)eligibility was considered in Regina v. Bissonnette, 2022 SCC 23, the Supreme Court of Canada addressed the constitutionality of s.745.51 of the Criminal Code. Section 745.51 authorizes the imposition of consecutive parole ineligibility periods in cases involving multiple murders. In the context of first (1st) degree murders, the application of this provision
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In for an inch…. Joint/co-principal liability in Criminal Offences in Canada by JS Patel, Criminal Defence Lawyer (403-585-1960)

Published On: Nov 05,2021

In Regina v. Strathdee, 2021 SCC 40, the Supreme Court of Canada (the “SCC”) upheld a decision of the Alberta Court of Appeal (2020 ABCA 443) overturning the acquittal for unlawful act manslaughter and entering a conviction. The trial judge had acquitted the accused after considering joint/co-principal liability and abetting under ss.21(1)(a) and
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Exclusion of a Firearm based on a warrantless search given that the gun and items were “Obtained in a manner” requirement that breached Section 24(2) of the Canadian Charter of Rights and Freedoms (July 23, 2021).

Published On: Jul 23,2021

In Regina v. Barton, 2021 ONCA 451 (RD), the Ontario Court of Appeal allowed the appellant’s appeal from his convictions for firearms-related offences.

During a warrantless search, police discovered a gun inside a planter located in a common hallway outside the appellant’s apartment. The
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The Crown’s Duty to Inquired under Regina v. McNeil 2009 SCC 3

Published On: Jul 21,2021


The Court of Appeal in Regina v. Esseghaier, 2021 ONCA 162 had occasion to consider the scope of the Crown’s duty to inquire about disclosure held by a third party policing agency, the Federal Bureau of Investigation (the “FBI”)).  The Ontario Court of Appeal addressed some preliminary
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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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