We’ve all seen a classic interrogation scene in movies or on TV. The police sit an accused person down, start asking questions, and hope he doesn’t “lawyer up.” What we understand from this is simple: once you ask for a lawyer, the police can’t interrogate you without your lawyer present. And, perhaps more importantly, everyone […]
In R v Stairs, 2022 SCC 11 [Stairs], the Supreme Court of Canada (“SCC”) attempted to balance privacy rights and law enforcement objectives. The court addressed the question of when, and under what circumstances, officers can search an arrested person’s home without a warrant. The unsettling answer is: more often than you would expect.
On February 8th 2022, the Supreme Court of Canada (“SCC”) heard Eugene Ndhlovu v. Her Majesty the Queen, an appeal from the Alberta Court of Appeal (“ABCA”) (R v Ndhlovu, 2020 ABCA 307) [Ndhlovu]. Ndhlovu asked the Court to decide whether the Sex Offender Information Registration Act (S.C. 2004, c. 10) [SOIRA] is constitutionally valid. […]
Introduction Criminal law is oftentimes understood as an outcome-oriented field of law, wherein procedure in the criminal justice system is ultimately aimed at achieving an outcome – guilty or not guilty. However, the procedure to obtain a conviction is just as important, if not even more significant, than the conviction itself. If procedure utilized in […]
When can courts admit evidence obtained following breaches of an accused’s rights and freedoms under the Canadian Charter of Rights and Freedoms [Charter]? In R v Beaver, 2020 ABCA 203 [Beaver], the Court of Appeal of Alberta (“ABCA” or “Court of Appeal'') ruled that courts can admit such evidence if a proper “fresh start” occurred […]
Does private property provide a sanctuary for drunk drivers and prevent the police from conducting sobriety checks? This issue split the Court of Appeal for Ontario (“ONCA”) in R v McColman, 2021 ONCA 382 [McColman]. On 3 February 2022, the Supreme Court of Canada (“SCC”) granted leave to hear the appeal. Background In March 2016, […]
The Supreme Court of Canada (“SCC”) will refine its jurisprudence on extraterritorial applications of the Canadian Charter of Rights and Freedoms [the Charter] when it hears Corporal C.R. McGregor v Her Majesty the Queen (SCC 39543). The bench is also expected to explore the s. 8 Charter right to be secure against unreasonable search or […]
When evidence is collected via conduct that violates an accused person’s rights under the Canadian Charter of Rights and Freedoms, 1982 Sched B to the Canada Act 1982 (UK), 1982, c 11 [Charter], courts must analyze whether theevidence ought to be excluded as provided by s. 24(2) of the Charter. The s. 24(2) analysis was […]
*TRIGGER WARNING: This post has descriptions of violence that may be triggering to some readers* Since the abolition of the death penalty, the highest sentence a judge can prescribe to a criminal offender is a life sentence with a 25-year parole ineligibility period. Where there are multiple murder victims, under s. 745.51 of the Criminal […]
In an unanimous decision, the Ontario Court of Appeal (“ONCA” or “the Court”) dismissed the Ontario government’s appeal against the $30 million solitary confinement class action. Francis v Ontario 2021 ONCA 197 [Francis] is a significant decision for two reasons. First, the ONCA upheld the motion judge’s finding that placing seriously mentally ill (“SMI”) inmates […]