Charter of Rights Archives - LawNow Magazine

Oh, S***! Court of Appeal Rules on One Man’s Bowel Movements and Charter Rights

In R. v Poirier [2016] ONCA 582 the Ontario Court of Appeal excluded the drugs excreted from Mr. Poirier’s rectum because of the manner of the police investigation that led to its discovery. Without that evidence, Mr. Poirier was acquitted of all charges. Mr. Poirier was arrested after five confidential informants advised police that Mr. […]

Authors:

Melody Izadi
Melody is a criminal defence lawyer with the firm Caramanna Friedberg LLP, located in Toronto, Ontario.
 

Whatever Happened to …R. v. Oakes

Mr. Oakes is compelled by s. 8 to prove he is not guilty of the offence of trafficking.  He is thus denied his right to be presumed innocent and subjected to the potential penalty of life imprisonment unless he can rebut the presumption.  This is radically and fundamentally inconsistent with the societal values of human […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Mark Kelndorfer
Mark Kelndorfer graduated from the Haskayne School of Business, University of Calgary in 2014.
 

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 from his condominium, and on three […]

Authors:

Melody Izadi
Melody is a criminal defence lawyer with the firm Caramanna Friedberg LLP, located in Toronto, Ontario.
 

O Patria: The Patriation Struggles

Should a government fail to respect natural rights, wrote Locke and Rousseau, then disobedience and rebellion were justified. Thus was born the modern notion of human rights. So responsive was this notion that the greatest social revolutions in the history of the western world took place – one in America and the other in France […]

Authors:

Rob Normey
Rob Normey is a lawyer who has practised in Edmonton for many years and is a long-standing member of several human rights organizations.
 


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