Criminal – Page 31

Case commented on: R v NRR, 2013 ABQB 302.

NRR was a youth who was being charged with two counts of second degree murder, one count of possession of stolen property, and one count of break and enter. The Crown offered into evidence statements made by NRR during a Mr. Big undercover operation. This type of operation usually involves undercover members of the police posing as criminals, involving the suspect in what he or she thinks is a criminal gang in order to gain his or her trust and eventually obtain a confession for the actual crimes. The accused (NRR) objected to the admission of the RCMP evidence on the basis that his rights under Charter section 7 had been violated. The Crown applied for a publication ban on identifying information about the undercover police officers who participated in the investigation. The Crown argued that the publication ban should be for three years, and NRR and the Edmonton Journal argued that the ban should only be for one year.

Safe Sites for Illegal Drug Consumption: In Need of Insight

By Jennifer Koshan

On July 12, 2013

In Conferences, Constitutional, Criminal

PDF version: Safe Sites for Illegal Drug Consumption: In Need of Insight

Legislation / case commented on: Bill C-65, An Act to amend the Controlled Drugs and Substances Act, First Session, Forty-first Parliament, 60-61-62 Elizabeth II, 2011-2012-2013 (“Respect for Communities Act”); Canada (AG) v PHS Community Services Society, 2011 SCC 44.

Last week I attended the Law on the Edge conference in Vancouver, which Jonnette Watson Hamilton recently blogged on. One of the highlights for me was a field trip led by UBC Professor Margot Young to visit Insite, Vancouver’s safe injection site for intravenous drug users. Insite was the subject of constitutional litigation that went to the Supreme Court of Canada (see Canada (AG) v PHS Community Services Society and previous ABlawg posts on the case here and here). In brief, the Supreme Court ordered the federal Minister of Health to extend Insite’s exemption under the Controlled Drugs and Substances Act, SC 1996, c 19 (CDSA), on the basis that the refusal to do so violated Insite users’ section 7 Charter rights to life, liberty and security of the person in a manner that was arbitrary and grossly disproportionate in light of the government’s aims. In June 2013, the federal government introduced amendments to the CDSA in the so-called “Respect for Communities Act” that would make it more difficult for other communities to open safe injection sites. What does the Insite experience suggest in terms of the impact these amendments might have on other efforts to establish safe injection sites in Canada?

Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

By Jennifer Koshan

On April 15, 2013

In Aboriginal, Administrative Law, Civil Procedure, Criminal, Supreme Court of Canada

PDF version: Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

Cases considered: R v Mack, 2012 ABCA 42, leave to appeal granted, April 11, 2013 (SCC); Métis Nation of Alberta Region 1 v Joint Review Panel, 2012 ABCA 352, leave to appeal dismissed April 11, 2013 (SCC); Fitzpatrick v Alberta College of Physical Therapists, 2012 ABCA 207, leave to appeal dismissed April 11, 2013 (SCC)

On April 11, 2013 the Supreme Court of Canada handed down leave to appeal decisions in three cases from Alberta.

Selling Drug Paraphernalia a Pithy Criminal Substance

By Linda McKay-Panos

On March 4, 2013

In Constitutional, Criminal, Municipal Law

PDF version: Selling Drug Paraphernalia a Pithy Criminal Substance

Case considered: Smith v St Albert (City), 2012 ABQB 780.

In January, 2013, Alberta Court of Queen’s Bench Justice Terry Clackson ruled that a recent St. Albert bylaw that restricted the sale of drug paraphernalia must be struck down, because the bylaw fell outside the jurisdiction of the municipality (i.e., it was ultra vires). The bylaw in this case prohibited the display or sale of more than two products from a list of banned items, including pipes, marijuana grinders or products which display an image of a marijuana leaf. Business establishments that sell these and other forms of drug paraphernalia are sometimes referred to as “bong” or “head” shops, and exist in many municipalities across Canada.

A Charter Right to Search Google TM*

By Martin Kratz

On February 27, 2013

In Constitutional, Criminal

PDF version: A Charter Right to Search Google

Decision considered: R v McKay, 2013 ABPC 13.

The Internet has transformed society in so many ways. Even the ways we find information and the sources we rely upon have been fundamentally transformed. It appears our legal systems need to adapt to this new reality.

Category: Criminal Page 31 of 39

Publication Bans in Police Mr. Big Operations

Safe Sites for Illegal Drug Consumption: In Need of Insight

Supreme Court Renders Leave to Appeal Decisions in Several Alberta Cases

Selling Drug Paraphernalia a Pithy Criminal Substance

A Charter Right to Search Google TM*