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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.
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62072.05This 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.
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62072.04This paper explores the impact of criminal proceedings and convictions on immigration processes, with a particular focus on criminal law remedies when a client is rendered inadmissible under the Immigration and Refugee Protection Act. Topics discussed include indictable and hybrid offences, terms of imprisonment, ability to sponsor family members, mechanisms for relief in criminal law, and pardons and record suspensions. 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.
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62072.03This paper provides an overview of offences relevant in an immigration context, with references to governing legislation and applicable case law. Four types of immigration offences are discussed: unlawful entry, document offences, fraud-related offences, and general offences. 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.
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62072.02This 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.
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62072.01This paper provides an overview of potential immigration consequences that criminal lawyers should be aware of for their clients. It considers the consequences of a charge, conviction, or conditional discharge for Canadian citizens, permanent residents, and foreign nationals with work permits, study permits, or visitor status. It also provides practical tips for criminal defence counsel with clients facing potential immigration consequences. 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.
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62046.02This paper discusses the purpose and principles of sentencing and the significance of Gladue factors in the Canadian criminal justice system. It consists of 4 parts: Part one considers the historical context of Gladue sentencing and common issues in sentencing hearings. Part two provides an outline of the existing context for sentencing offenders in Alberta within the Alberta Court of Appeal decision in Arcand. Part three provides an analysis of Gladue-based sentencing, focusing on an approach that integrates Gladue-based sentencing within the approach in Arcand. Part four addresses the use of Gladue factors in bail, discussing both the advantages and potential disadvantages of this approach. The paper includes, as an appendix, an overview of the sentencing process. This paper is part of a collection presented at LESA’s Criminal Advocacy: Sentencing program in Edmonton on June 3, 2017 and in Calgary on June 10, 2017.
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OC-62025Lawyers are often called on by clients, friends, and family to answer legal questions in areas outside their primary area of practice. Learn how to competently answer some of the most frequently raised questions across a broad spectrum of practice areas, such as:
- I have nothing to hide; why not tell the police everything?
- My position has just changed; have I been constructively dismissed?
- I just got fired; is this severance package “fair”?
Please enter the first name, last name, and email of the person who will be viewing the Seminar on Demand in the billing details section on the next page. If multiple lawyers or staff members in your firm would like to access this on-demand program (recorded from a past in-person program), please contact [email protected] for pricing. Please note: The views and opinions of the presenters are their own and do not necessarily reflect the views or opinions of the Legal Education Society of Alberta. -
62001.03Section 10(b) of the Canadian Charter of Rights and Freedoms states that everyone has a right on arrest or detention to retain and instruct counsel without delay. This paper examines the triggering of a s 10(b) right to counsel, particularly where detentions are concerned. The author provides numerous references to case law throughout the paper, and includes a discussion on advising a detainee of his or her rights and the implementation of those rights, as well as reasons for suspending the s 10(b) right. The paper also includes a discussion of recent developments in case law in respect of s 10(b). This paper is part of a collection presented at LESA’s Criminal Law 25 program held in Calgary on June 3, 2016 and in Edmonton on June 10, 2016.
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62001.01This paper addresses the question: when is a warrantless search lawful? The first part of the paper sets out the essential steps in analysing warrantless searches. The second part describes some of the most common types of warrantless searches, including searches authorized by statute and common law, and identifies criteria that must be met if such searches are to be constitutionally compliant. This paper is part of a collection presented at LESA’s Criminal Law 25 program held in Calgary on June 3, 2016 and in Edmonton on June 10, 2016.
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62001.04Out 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 program held in Calgary on June 3, 2016 and in Edmonton on June 10, 2016.
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62001.02
Recently, there has been a call for renewed vigiliance in exercising the gatekeeper role with respect tto the admission of expert evidence This paper discusses the jury control principle and sets out and describes the Mohan criteria for admissibility of expert evidence: relevance, necessity, not subject to an exclusionary rule, and given by a properly qualified expert.
This paper is part of a collection presented at LESA’s Criminal Law 25 program held in Calgary on June 3, 2016 and in Edmonton on June 10, 2016.
