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OC-62135-GPReview new legislation surrounding impaired driving, including driving under the influence of alcohol and driving under the influence of cannabis. Discuss questionable elements of the new law, analyze blood sample cases, and consider the future of impaired driving litigation in the age of Jordan and the new legislation. This on-demand program was originally presented as an in-person program on November 1, 2019. Total running time is 2 hours, 55 minutes. Each presentation sold separately.
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62135.06This paper provides a brief outline of charter notices and voir dires from Hon. Judge R. Shaigec of the Provincial Court of Alberta (Criminal Division). 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.
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62135.05This 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.
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62135.02This paper discusses Bill C-46’s introduction of the term “conveyance” into impaired driving legislation under the Criminal Code. It reviews how definitions of a motor vehicle, vessel, aircraft, or railway equipment have impacted decisions in past case law and offers 3 points to consider with the switch to the general “conveyance” definition. 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.
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62135.01This paper discusses the implications of the change in wording of a refusal charge under section 320.15 of the Criminal Code. The paper examines the elements of a refusal charge and what the Crown needs to prove. It identifies the conflicting lines of jurisprudence related to proof of mens rea, and it explores what may be constituted as a reasonable excuse for non-compliance. 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.
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62120.05This paper offers some criminal law considerations that family law lawyers should take into account when advising clients. Topics include emergency protection orders, using criminal charges as leverage, illegally obtained evidence, harassment, and libel. This paper is part of a collection presented at LESA’s 52nd Annual Refresher: Family Law program in Lake Louise on May 5–7, 2019.
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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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62098.08This paper provides a collection of tips, strategies, and information for appellate practice in the Court of Appeal. 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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62098.06This digest reviews the Supreme Court of Canada decision in R v Oland, 2017 SCC 17 [Oland], and then provides summaries of appellate decisions, majority of which are from the Court of Appeal of Alberta, regarding bail pending appeal since the Oland decision. 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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62098.04This resource provides valuable information on bringing applications before the Court of Appeal of Alberta. It provides an overview of applications before a single appeal judge and before a panel, including information on fees, timelines, filing deadlines, application formats, and types of applications. It also discusses the role of the Court of Appeal’s case management officer (CMO), and outlines how to make a request or application to the CMO. 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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62098.01The 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.
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62070.09This paper provides an introduction to criminal law procedure in provincial court. It provides an overview of docket court, including elections, publication bans, and jurisdiction. It also discusses criminal trials and sentencing, and highlights procedures and relevant legislative provisions to be aware of when appearing on criminal matters in provincial court. This paper is part of a collection presented at LESA’s Criminal Procedure Fundamentals program in Calgary on September 21, 2018 and in Edmonton on September 28, 2018.
