The Ontario Court of Appeal recently held in its decision in R. v. White [2015] O.J. No. 3563 that police officers do not have unrestricted access to enter common areas in residential buildings to gather evidence against an individual.The police had suspected that Mr. White was dealing drugs … [Read more...]
Protecting Canadians from The Protecting Canadians from Online Crime Act
As an intended ode to victims of cyber-bullying, The Protecting Canadians from Online Crime Act (Bill C-13) came into force on March 10, 2015. However, this legislation gives police the discretion to search Canadians’ personal information and stored data with what should be deemed as an alarming new … [Read more...]
The Holy Grail
The Ontario Court of Appeal this year in R. v Nguyen [2015] )NCA 278 has decided that the spousal incompetency rule, which forbids spouses to be compelled to testify against each other, and spousal privilege, does not extend to common-law couples [1]. A very clear line has been drawn between those … [Read more...]
When Prosecution Met Defence: The Michael Bryant Case
Facts of the Case At 9:47 p.m. on Aug. 31, 2009, former Ontario attorney general and CEO of Invest Toronto Michael Bryant, driving home after dinner with his wife, had a violent encounter with a younger man on a bicycle, Darcy “Allan” Sheppard. Sheppard was drunk, and at a traffic light on Bloor … [Read more...]
Solitary Confinement is a National Disgrace
I have been privileged to visit Fort McPherson, in the Northwest Territories, a number of times since 2011. It is a pleasant little Gwich’in community located on the banks of the Peele River southwest of Inuvik, within sight of the Richardson Mountains to the west. It is one of the few remote … [Read more...]
Criminal Defence Law in the North: Part Three
In my earlier two columns, I discussed substantive aspects of criminal law in the North (Part One). I briefly reviewed some aspects of the crimes we deal with in court, some of the underlying causes, and certain aspects of sentencing for those offences (Part Two). I want now to describe some … [Read more...]
Criminal Defence Law in the North: Part Two
In my last column (Part One) I briefly sketched out some aspects of substantive criminal law as it is enforced and applied in the Northwest Territories. I want in this contribution to comment upon some underlying factors which, at least sometimes, lead to criminal conduct, as well as aspects of … [Read more...]
Criminal Defence Law in the North: Part One
It seems that almost every lawyer who has travelled from southern Canada to practice law “North of 60” ends up writing about his or her experiences at some point. Almost all of those who are drawn to this part of Canada are struck by the geographical and physical beauty of this land, and by the … [Read more...]
Bill C-10: The Government’s Tough Stance Against Criminal Record Holders
Bill C-10 On September 20, 2011, then Justice Minister Rob Nicholson tabled Bill C-10, an omnibus crime bill titled the Safe Streets and Communities Act. The Bill proposed to make fundamental changes to many components of Canada’s criminal justice system, including the pardon process. In March of … [Read more...]
Corruption and Scandals – A Modest Proposal for Electoral Reform
Anyone who follows politics or even just reads the news knows that great political questions and issues of public philosophy often get set aside from the political agenda because of the intervention of scandals involving a few individuals. The media, and therefore the public, are focused on whether … [Read more...]
