Criminal Law

Showing 85–96 of 114 results

  • Sentencing

    $145.00
    Sentencing is a unique and important process for the criminal law practitioner.  Ensuring offenders receive a fit sentence relies heavily on the efforts of both Crown and defence counsel.  These materials, prepared by counsel with Alberta Justice and the Solicitor General, delve into the issues surrounding sentencing, broken down into three parts: an overview of the purpose, principles and objectives of sentencing under the Criminal Code and other relevant legislation; a look at the interplay between judicial discretion and appellate guidance in the sentencing process; and the sentencing process itself.  Attached are valuable checklists, samples and precedents.
     
    These materials were presented at LESA’s Criminal Advocacy – Summary Disposition and Sentencing Hearings seminar in May, 2015.
    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
  • The Admissibility of Statements

    $75.00

    Out of court statements made by an accused, when properly admitted, can be valuable pieces of evidence in reaching a proper verdict. Different rules govern the admissibility of such statements, depending on who is seeking to introduce the statement, the purpose of its introduction, and the circumstances surrounding the statement. This paper discusses the admissibility of an accused’s out of court statements in a criminal trial, including a review of the leading cases on the subject. Topics addressed include: exculpatory statements, inculpatory statements made to a civilian, the common law confessions rule, charter-based exclusionary rules, compelled statements, questioning of a young person, and editing the statement.

    This paper is part of a collection presented at LESA’s Criminal Law 25 seminar held in Calgary on June 3, 2016 and in Edmonton on June 10, 2016.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • The Criminal Lawyer and Immigration Consequences: From Phone Call to Sentencing

    $45.00

    This paper outlines the steps a criminal lawyer should take when dealing with a client facing loss of status and deportation if criminally convicted. It provides tips for lawyers to employ from the initial phone call, to the bail, pre-plea, and plea stages, and at sentencing. It also discusses section 44 reports under the Immigration and Refugee Protection Act.

    This paper is part of a collection presented at LESA’s Intersection of Immigration and Criminal Law program in Edmonton on February 2, 2018 and in Calgary on February 9, 2018.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.   

    Click here to view some sample pages.

  • The Current Law Governing the Search of Electronic Devices at the Canadian Border

    $55.00

    This paper provides a comprehensive review of the law governing the search of electronic devices at the Canadian border. It highlights the applicable legislation and case law, as well as the current Canada Border Services Agency policy. It also discusses the existing debate regarding the constitutionality of suspicion-less searches of electronic devices at the border, and the challenge of rapidly changing technologies. In addition, the paper highlights practical implications for clients travelling with electronic devices.

    This paper is part of a collection presented at LESA’s Search and Seizure program in Calgary on June 2, 2018 and in Edmonton on June 9, 2018.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • The Factum: Tips and Strategies

    $75.00

    The importance of the factum in an appeal cannot be understated. This paper provides factum-writing tips and strategies for the Court of Appeal. It discusses best practices and requirements for structuring a factum, and provides style strategies for drafting a well-written and compelling factum. Factum excerpts are included as writing examples.

    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.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.   

    Click here to view some sample pages.

  • The Garofoli Hearing: Procedural Considerations

    $55.00
    After a search warrant is granted, an accused may bring an application before the court for judicial review to determine whether or not the search warrant should have been issued. This type of judicial review, commonly referred to as a Garofoli hearing, is explained in detail in this paper, which discusses how the courts have approached the various procedural aspects of a Garofoli hearing. A brief background on the standard of review and types of review (e.g., whether the warrant’s facial validity or sub-facial validity is challenged) is provided, and principles and procedures related to cross-examination, excision, and amplification are discussed. This paper also considers issues relevant to assessing the affiant’s evidence, as well as the process for dealing with a heavily redacted affidavit. In addition, an alternative to the Garofoli hearing to set aside a search warrant is briefly highlighted.  
    This paper is part of a collection presented at LESA’s Search Warrants seminar in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.
    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • The Immigration Consequences: What a Criminal Court Needs to Know

    $0.00

    This paper provides tips from the Bench for lawyers when appearing in court on criminal matters involving potential immigration consequences. Topics addressed include legal status, case categories, sentence mitigation, and more.

    This paper is part of a collection presented at LESA’s Intersection of Immigration and Criminal Law program in Edmonton on February 2, 2018 and in Calgary on February 9, 2018.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.   

    Click here to view some sample pages.

  • The Legacy of Regina v. Vu, 2013 SCC 60: An Assessment of the Supreme Court of Canada’s Foray into the Area of Privacy Rights Inherent in Personal Computer Devices

    $65.00
    This paper provides an outline of the most significant privacy-related aspects in the Supreme Court of Canada decision, R v Vu, 2013 SCC 60, which expanded the notion of “privacy” with respect to computer devices and digital contents. In addition, subsequent decisions in the realm of computer privacy are identified and discussed. This paper also highlights, from a more practical perspective, some of the challenges faced by legal counsel dealing with these evolving technological issues within a criminal trial, including a brief discussion on the duty of searching officers to take detailed notes during personal computer device searches.
    This paper is part of a collection presented at LESA’s Search Warrants seminar in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.
    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • The Legalization of Marijuana and its Effect on Residential Real Estate Law in Alberta

    $45.00

    This paper considers the impact of the legalization of recreational marijuana on the practice of residential real estate law in Alberta. It examines the applicable provisions in the legislation, and then discusses the potential implications of legalized recreational marijuana on residential tenancies and condominiums. Practice tips are provided throughout the paper.

    This paper is part of a collection presented at LESA’s Legalization of Marijuana program in Edmonton on May 17, 2018 and in Calgary on May 24, 2018.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.   

    Click here to view some sample pages.

  • The New Presumption of Identity: Proof of Elements

    $65.00

    Author: Tim Foster QC

    This paper explores how legislative updates to the Criminal Code section 320.31(1)(a) lead to substantial changes to both substantive and procedural impaired driving law.

    In examining the question about certifiable alcohol standards, this paper reviews the decisions of numerous cases under both the old and new legislation.

    This paper is part of a collection presented at LESA’s Impaired Driving program in Calgary on October 25, 2019 and in Edmonton on November 1, 2019.

    These materials are an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an email with instructions on how to download the complete PDF.   

    Click here to view some sample pages.

  • The Perfect Storm: Section 12, Mandatory Minimum Sentences and the Problem of the Unusual Case

    $45.00

    This paper examines section 12 of the Charter and its three conflicting elements: first, the long-standing judicial approach requires courts to assess both the actual impact of a sentence on a person before the court, and the potential for that same sentence to impose cruel and unusual punishment on an offender; second, the Conservative government’s policies have enacted minimum mandatory sentences for a wide variety of offenses; and third, a recent decision of the Supreme Court extinguishing the possibility of using the controversial constitutional exemption remedy as a “safety valve” for legislation of this type. The author outlines the nature of the conflict that has emerged and provides analysis of the various approaches that are developing, before concluding with suggestions for mediation for defence counsel.

    This paper was presented at the Constitutional Law Symposium in September 2012.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

  • The PHS Case and Federalism Analysis and Argumentation

    $35.00

    This paper proposes that the decision of the Supreme Court of Canada in Canada (Attorney General) v PHS Community Services Society to base its decision on section 7 of the Charter rather than on federalism arguments in the case was the incorrect tactic for reaching the end result. After explaining how the section 7 reasoning was problematic and did not engage fully in the federalism analysis involved in the case, the author concludes his position with a practitioner-focused objective by offering suggestions for constitutional law argumentation and advocacy after the PHS decision.

    This paper was presented at the Constitutional Law Symposium in September 2012.

    This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.

    Click here to view some sample pages.

Showing 85–96 of 114 results