Program Materials

Showing 1–16 of 60 results

  • A Practical Guide to Search Warrants

    $35.00

    This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds seminar 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.

    Length: 15 Pages

    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.

  • A Practical Guide to the Suspension of s. 10 of the Charter during the Search Warrant Process

    $45.00
    This 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 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.

  • A Thin Line Between Health and Crime: Reference re Assisted Human Reproduction Act and Federalism Di

    $35.00

    This 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.

    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.

  • Aboriginal Rights

    $75.00

    Consultation 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.

    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.

  • Bail

    $75.00

    The 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 Seminar in October 2013.

    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.

  • Cannabis Legalization and Employment

    $55.00

    This paper considers the implications of the legalization of recreational marijuana on employment matters. In particular, it discusses an employer’s duty to accommodate an employee’s use of cannabis for medicinal purposes, how to deal with workplace misuse that may result in termination of employment, and the implications of legalization on workplace policies.

    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.

  • Charter Issues: Right to Counsel in Alberta, 2011-2012

    $35.00

    This paper analyzes decisions from the Alberta Court of Queen’s Bench and the Court of Appeal regarding the right to counsel. Issues discussed include the right to counsel when a traffic stop evolves into a criminal investigation, the comprehension of section 10(b) and wavier by the accused and police interference.

    This paper was presented at the Impaired Driving – The Changing Landscape seminar held 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.

  • Charter Issues: Section 7 – Right to Silence? What Right to Silence?

    $45.00

    This paper discusses the recent co-mingling of the common law rule of voluntariness with section 7 of the Charter by the Supreme Court of Canada. The author analyzes the impact of the “Interrogation Trilogy”, R v Oickle, R v Singh and R v Sinclair, on impaired driving law. Decisions relating specifically to impaired driving, including R v White and R v Flores, are also examined in detail.

    This paper was presented at the Impaired Driving – The Changing Landscape seminar held 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.

  • Charter Issues: Sections 9 & 12 – Arbitrary Detention and Other Issues

    $45.00

    This paper analyzes sections 9 and 12 of the Charter in the context of impaired driving law. The author provides a detailed discussion on arbitrary detention under the Charter and includes case law on traffic regulation vehicle stops, police power to affect a traffic stop, random vehicle stops and vehicle stops to investigate other offences.

    This paper was presented at the Impaired Driving – The Changing Landscape seminar held 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.

  • Criminal Advocacy – Trial Strategy

    $145.00

    Authors: Karen Hewitt, The Honourable Associate Chief Justice John D. Rooke, Court of Queen's Bench of Alberta, Jane Fagnan

    These materials provide valuable, detailed pointers for the criminal defence lawyer on getting to trial, including strategies for using a systematic focus to improve case analysis, issue identification, and responding to the issues. Ms. Hewitt provides detailed, practical suggestions on many aspects of a criminal defence file including: analysis of the Crown’s case; reviewing the information/indictment; considering legal elements; dealing with co-accuseds; disclosure and production; elections; challenging the case to be made by the Crown; pre-trial preparations, including procedural considerations; jury versus non-jury trials; admissions; scheduling; preparing an opening address or summary; pretrial hearings; and running the trial itself, including details relating to issues of evidence. Rooke ACJ and Ms. Fagnan discuss the role played by the bench on the way to trial, outlining the relevant Q.B. rules and forms and providing details on scheduling and holding pre-trial conferences and accessing case management.

    This paper was presented at the Criminal Advocacy – Trial Strategy seminar in April, 2014.

    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.

  • Criminal Advocacy: Use of and Challenge to Expert Opinion Evidence in Criminal Proceedings

    $65.00

    The use of expert opinion evidence is increasing in Canadian criminal trials, and along with it is a growing judicial disquiet regarding the impact of such evidence on the fact-finding function within the trial process. This paper, intended as an introduction to the subject matter, consists of two parts: the first part reviews the admissibility requirements for expert opinion evidence generally; the second part focuses on practical considerations for counsel arising from the revised two-part test for admissibility endorsed by the Supreme Court of Canada in White Burgess Langille Inman v Abbott and Haliburton Co, 2015 SCC 23, [2015] 2 SCR 182. The author also provides a comparative analysis to the treatment of expert evidence in the United States throughout the paper.  

    This paper is part of a collection presented at LESA’s Criminal Advocacy – Experts seminar held in Calgary on May 14, 2016 and in Edmonton on May 28, 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.    
  • Criminal Law for Legal Support Staff

    $35.00

    This resource was drawn from materials provided at the Criminal Law for Legal Support Staff seminar presented in January 2012. It provides a brief overview of the Criminal law practice area including offences, procedures, and an outline of the criminal process. It includes a disclosure checklist, and two commonly encountered pre-trial scenarios (with defined vocabulary).

    Length: 22 pages

    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.

  • Criminal Law Update 2011

    $45.00

    This paper was presented at the Update 2011 seminar held in May of 2011. The paper summarizes recent and significant changes to the criminal law in legislatioin and case law. Topics include sentencing, the "Carter Defence," Charter developments and disclosure of police records.

    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.

  • Disclosure of Instrument Maintenance and Calibration Records: Duty to Disclose

    $45.00

    This paper discusses the duty to disclose, as outlined by the Supreme Court of Canada in R v Stinchcombe and R v McNeil, with respect to the maintenance and calibration records of breath alcohol testing instruments.

    This paper was presented at the Impaired Driving – The Changing Landscape seminar held 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.

  • Dude, Where’s My Car?: Bill C-46 and the New Drug-Impaired Driving Law

    $45.00

    This paper discusses the implications of Bill C-46 and the new drug-impaired driving law. It examines Canada’s current impaired driving laws, and then reviews the proposed amendments to the Criminal Code in Bill C-46. It discusses prohibited blood-drug concentrations, roadside drug testing, and the challenges associated with testing for marijuana impairment.

    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 view some sample pages.to

  • Electronic Search & Seizure: After the Breach

    $45.00

    This paper explores the current legal framework for dealing with electronic evidence obtained by law enforcement contrary to Canadian Charter of Rights and Freedoms [Charter] principles. It discusses the analytical framework under s 24(2) of the Charter, and the principles from R v Grant, 2009 SCC 32, which apply when determining the exclusion of electronic evidence. The paper also discusses the use of electronic evidence to obtain judicial authorizations (for search warrants, production orders, etc.) where the evidence was obtained contrary to s 8 of the Charter.

    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.

Showing 1–16 of 60 results