In a logically confusing and weakly justified ruling rendered on June 23, 2016, the majority of the justices of the Supreme Court of Canada in R. v. Saeed decided that upon arrest, without warrant or consent, when Mr. Saeed was commanded to drop his trousers and a cotton-tipped swab was wiped along … [Read more...]
The Production of Cell Tower Records Breaches Canadians’ Privacy Rights
Justice Sproat of the Ontario Superior Court of Justice in R. v. Rogers Communications Partnerships [2016] O.J. No. 151 has ruled that police cannot seek the production of cellphone records of thousands of Canadians in order to pursue investigations. This means that the personal information of … [Read more...]
Missing the Mark: Why the Post-Ghomeshi Outrage Makes Little Sense
Almost everyone has an opinion about one of the most followed trials in Canadian history. The Jian Ghomeshi trial left a trail of furious people in its path like an F5 tornado that veered off course. Many of those who are angry about the Ghomeshi trial allege that there was an injustice— that the … [Read more...]
Making a Mockery of the Justice System
The new Netflix obsession, Making a Murderer, is a sensation. Blogs, news programs, articles, magazines, newspapers and water cooler conversations are all immersed in the quest to answer the eternal question: did he do it?The evidence seems to point in both directions. The Netflix documentary … [Read more...]
Court of Appeal says Police Can’t Climb Through Windows and Spy on You
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...]
