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62070.06Effective cross-examinations in trial are a product of preparation and practice. This paper provides tips on preparing for and executing a cross-examination in a criminal trial. Topics discussed include case theory, judge versus jury trials, and cross-examination techniques. 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.
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62070.05This paper offers tips for criminal lawyers on how to organize a file and prepare for trial. It discusses the benefits of creating a trial preparation sheet, and provides suggestions for what to include in, and how to effectively organize, such a document. A sample trial preparation sheet is included. 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.
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62070.04This paper discusses the admission of evidence of a complainant’s prior sexual activity in sexual assault cases. It provides an overview of the relevant legislation, and highlights the two-step application process to introduce evidence of prior sexual activity. The paper also discusses the production of third party records in sexual assault cases, including the steps required to bring an application compelling production and rights of appeal. 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.
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62084.09This 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.
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62084.07This 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.
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62084.06This 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.
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62084.05This paper discusses the implications of legalizing recreational cannabis on the commercial real estate industry. It includes considerations for cannabis retailers in leases, and highlights legislative and regulatory requirements with respect to cannabis retail space. It also provides tips for tenants to employ in offers to lease and negotiations. 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.
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62084.04This paper discusses a selection of important patent and trademark issues relevant to the cannabis industry. It reviews key provisions from the Trademarks Act, RSC 1985, c T-13, including recent amendments that have not yet come into force. It also discusses trademark considerations in the cannabis industry, such as potential limits on promotion and packaging. The paper also considers patents and plant breeders’ rights, including utility patents, inventorship and ownership, and specific considerations for novel plant varieties. 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.
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62087.05This paper examines recent jurisprudence on digital privacy, and the implications on wiretap litigation. It provides a general overview of s 8 of the Canadian Charter of Rights and Freedoms. It also discusses the current and future implications of the Supreme Court of Canada decisions in R v Marakah, 2017 SCC 59, and R v Jones, 2017 SCC 60, on digital privacy. Additionally, collateral orders in wiretap authorizations (e.g. court approved deployment of Mobile Device Identifiers or IMSI Catchers) are considered. 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.
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62087.04This paper explores the current legal framework for dealing with electronic evidence obtained by law enforcement contrary to Canadian Charter of Rights and Freedoms 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.
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62087.03This paper explores issues that commonly occur in Canadian Charter of Rights and Freedoms litigation involving the search and seizure of computers. It discusses the scope of computer searches, the issue of standing under s 8 of the Charter, and Vukelich hearings designed to assess the reasonableness of a defendant’s Charter application. 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.
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62087.02This 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.
