Category Archives: Criminal

From Legare to Morelli: the prioritization of privacy

Cases considered: R. v. Legare, 2009 SCC 56; R. v. Morelli, 2010 SCC 8 PDF version: From Legare to Morelli: the prioritization of privacy A few months ago, the Supreme Court of Canada ordered the retrial of an Alberta man … Continue reading

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Faint Hope for the Faint Hope Clause?

Case considered: R. v. Ryan, 2010 ABQB 87 PDF version: Faint Hope for the Faint Hope Clause? Parliament commenced a new session last week. When it was prorogued in December 2009, 14 bills containing amendments to the Criminal Code died … Continue reading

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A policy of delay? The cost of s.11(b) Charter violations in Alberta

Cases considered: R. v. Rajasansi, 2009 ABQB 674; R. v. Klein, 2009 ABPC 381; R. v. Nguyen, 2009 ABPC 384. PDF version: A policy of delay? The cost of s.11(b) Charter violations in Alberta Back in December, CBC News reported … Continue reading

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Prosecutorial Accountability?

Case considered: Miazga v. Kvello Estate, 2009 SCC 51 PDF Version:  Prosecutorial Accountability? In its 2002 decision in Law Society of Alberta v. Krieger, 2002 SCC 65, the Supreme Court of Canada affirmed the ability of the Law Society of … Continue reading

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Supreme Court of Canada undermines Trial Judges’ discretion under Charter s. 24(1)

Cases Considered: Bjelland v. The Queen, 2009 SCC 38 PDF Version: Supreme Court of Canada undermines Trial Judges’ discretion under Charter s. 24(1) In Bjelland v. The Queen, 2009 SCC 38, the Supreme Court of Canada considered the question of … Continue reading

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