Author Archives: Dylan Finlay
Smoke and Mirrors? With Marihuana Legalization, Parliament Proposes to Drastically Expand Police Power
By: Dylan Finlay PDF Version: Smoke and Mirrors? With Marihuana Legalization, Parliament Proposes to Drastically Expand Police Power Legislation Commented On: Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other … Continue reading
The Saga of the Intoxication Defence Continues: Desjarlais and its Application to Uttering Threats
By: Dylan Finlay PDF Version: The Saga of the Intoxication Defence Continues: Desjarlais and its Application to Uttering Threats Case Commented On: R v Desjarlais, 2016 ABPC 182 (CanLII) The defence of voluntary intoxication holds an awkward place in Canadian criminal … Continue reading
A Case for Adopting the Lewko Approach to Refusal Law
By: Dylan Finlay PDF Version: A Case for Adopting the Lewko Approach to Refusal Law Case Commented On: R v Soucy, 2014 ONCJ 497 Obtaining breath samples from those suspected of driving while impaired is a necessary practicality in enforcing … Continue reading
Deconstructing Investigative Detention
By: Dylan Finlay PDF Version: Deconstructing Investigative Detention Case Commented On: R v Rowson, 2014 ABQB 79 Crime scenes are often intense and dynamic environments. This presents a challenge to investigators who – prior to making an arrest – must … Continue reading
“Putting” Browne v Dunn into Perspective
By: Dylan Finlay PDF Version: “Putting” Browne v Dunn into Perspective Case commented on: R v KWG, 2014 ABCA 124 The century old rule in Browne v Dunn (hereinafter “the rule”) holds that if counsel intends to present evidence contradictory … Continue reading