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61826.01This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. Read this paper for a review of search principles, privacy principles, Criminal Code sections, and Charter considerations relevant to search warrants.
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61986.02This paper discusses delays in access to counsel, contrary to the s 10 Charter right to timely contact with a lawyer, during the search warrant process. The boundaries of the “exceptional circumstances” justifying delayed access to counsel are reviewed in consideration of the case law, which include the prevention of imminent harm to police or public, preservation against imminent loss of evidence, and real and present danger of jeopardizing an ongoing investigation. In addition, detailed tables summarizing case law relevant to each exceptional circumstance are included in the appendices.This paper is part of a collection presented at LESA’s Search Warrants program in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.
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61849.02bThis paper grounds its argument in the new requirement born from Reference re Assisted Human Reproduction Act, which regulates Parliament’s power to enact criminal law with respect to health matters. The author argues that this new requirement provides a useful demarcation between federal and provincial interests in health, and, at a minimum, marks a move towards finding a principled solution to federalism disputes over health regulation. This paper was presented at the Constitutional Law Symposium in September 2012.
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OC-62087-01In this presentation, Justice Antonio discusses the framework for search and seizure law, including s 8 of the Charter, and provides advocacy tips for making search-related arguments before the court. This on-demand program was originally presented as an in-person program in June 2018.Select options This product has multiple variants. The options may be chosen on the product page
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61849.03Consultation Update: Emerging & Persistent Issues Using Haida Nation v British Columbia’s vision of the duty to consult as existing along-side the negotiation process (aiming at a more fulsome settlement of aboriginal rights claims), this paper first provides an overview of the duty to consult and the state of the law. The author then considers the particular issues of the role of tribunals, agencies, and the identification of parties to a consultation. In conclusion, the author discusses the theme of reconciliation that continues to evolve around the duty to consult. Section 35(1) of the Constitution Act, 1982, the Duty to Consult, and the Government of Alberta’s First Nations Consultation Policy This paper argues that Alberta’s approach to First Nation consultation falls short of fulfilling the province’s constitutional obligation in this regard, but the development and management of public lands and resources appears to operate smoothly and efficiently, without any serious legal challenges or significant delays in this process. After a thorough summary of the current state of Canadian law regarding consultation and accommodation as well as Alberta’s policy and procedures, this paper evaluates Alberta’s policy and practices in light of the state of the law, the current operation of land and resource dispositions, and regulatory processes. Finally, this paper addresses the question of whether the conceptual failings of Alberta’s approach regarding consultation and accommodation should be a matter of serious concern given the absence of significant practical problems in the regulatory system. These papers were presented at the Constitutional Law Symposium in September 2012.
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OC-62352-04Price range: $95.00 through $445.00The inevitability of advances in technology and surveillance techniques creates ever-challenging issues in defining the boundaries of privacy under section 8 of the Charter of Rights and Freedoms. This panel discussion will provide invaluable insights into advancing section 8 applications in complex criminal cases. This on-demand program was originally presented as an in-person program on September 22, 2023 as part of our Search & Seizure and Digital Spaces program. Total running time is 37 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62539Price range: $95.00 through $445.00Explore the new privacy and access to information legislation, and discuss key considerations for lawyers on how the new legislation may impact their practices. This on-demand program was originally broadcasted as a live webinar on July 9, 2025. Total running time is 44 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62243-01This on-demand program reviews Family Maintenance and Support (“FMS”) claims. The presenter will provide an overview of the legislation and touch on various procedural issues involved in bringing or defending an FMS claim. Total running time is 49 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62236Identify, unpack, and intervene in systemic racism within legal institutions and your own practice. Moving beyond a diversity and inclusion lens, this session encourages members of the legal community to develop an anti-racist framework. This on-demand program was originally broadcasted as a webinar on September 9, 2021. Total running time is 1 hour, 54 minutes. This on-demand program is complimentary.
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62098.10This paper addresses three practice points related to appeals. First, it discusses bringing applications before a panel of judges. Next, it considers costs on appeal. Finally, it addresses judicial dispute resolution for appeals. This paper is part of a collection presented at LESA’s Appellate Advocacy program in Calgary on October 12, 2018 and in Edmonton on November 2, 2018.
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61893.01The authors see bail as, in many ways, an art, requiring not only an understanding of the rationale of the law of bail but also an ability to creatively prepare an approach in a strategic way, with a reasonable result in mind. This paper focuses on helping lawyers conceptualize an overall approach to judicial interim release on their files. The attached “toolkit” provides standardized forms, precedents, and checklists to make analysis of judicial interim release issues more effective, and to help maximize the efficient use of time while concurrently reducing or eliminating unnecessary use of court time. This paper was presented at the Criminal Advocacy – Judicial Interim Release program in October 2013.
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OC-62135.04Discuss different methods for obtaining blood samples and changes to legislation in relation to blood evidence, including demands, warrants, presumptions, and certificates. This on-demand program was originally presented as an in-person program in November, 2019. Total running time is 35 minutes.Select options This product has multiple variants. The options may be chosen on the product page
