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61826.01This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program 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.
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61986.02This 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 program in Edmonton on February 19, 2016 and in Calgary on February 26, 2016.
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OC-62087-01In this presentation, Justice Antonio discusses the framework for search and seizure law, including s 8 of the Charter, and provides advocacy tips for making search-related arguments before the court. This on-demand program was originally presented as an in-person program in June 2018.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62352-04Price range: $95.00 through $445.00The inevitability of advances in technology and surveillance techniques creates ever-challenging issues in defining the boundaries of privacy under section 8 of the Charter of Rights and Freedoms. This panel discussion will provide invaluable insights into advancing section 8 applications in complex criminal cases. This on-demand program was originally presented as an in-person program on September 22, 2023 as part of our Search & Seizure and Digital Spaces program. Total running time is 37 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62236Identify, unpack, and intervene in systemic racism within legal institutions and your own practice. Moving beyond a diversity and inclusion lens, this session encourages members of the legal community to develop an anti-racist framework. This on-demand program was originally broadcasted as a webinar on September 9, 2021. Total running time is 1 hour, 54 minutes. This on-demand program is complimentary.
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61846.01This paper outlines the bail review process at the Court of Queen’s Bench, providing information on scheduling the hearing as well as timing, notice and documentation requirements. The author also provides similar information on detention review applications, bail forfeiture applications, summary conviction appeals and appeals to the Court of Appeal. This paper was presented at the Criminal Law for Legal Support Staff program held in September 2012.
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61893.01The 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 program in October 2013.
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OC-62135.04Discuss different methods for obtaining blood samples and changes to legislation in relation to blood evidence, including demands, warrants, presumptions, and certificates. This on-demand program was originally presented as an in-person program in November, 2019. Total running time is 35 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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62070.03This paper provides a case study approach to pre-trial considerations in sexual assault cases. It begins with a short factual scenario that is then used as the framework to discuss key pre-trial considerations. It discusses the following cases: R v O’Connor, R v Mills, R v McNeil, and R v Quesnelle. It also reviews the two-stage test for ordering the production of documents. 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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62483.01This paper provides an overview of recent cases which forecast emerging trends of the use of artificial intelligence in various types of criminal offending, how the advent of AI has impacted considerations regarding the authentication of evidence at trial, and how the courts are navigating this novel legal landscape. It also provides a primer on police use of AI facial recognition technology, including current efforts to ascertain the extent of law enforcement’s use and reliance on such technology, and current legislative efforts that aim to address privacy concerns surrounding the use of this evolving technology. This paper was presented at LESA’s Cybercrime and AI: Navigating the New Frontiers of Criminal Law webinar on January 30, 2025.
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62352.02As courts across Canada continue to struggle with reasonable expectations of privacy in the digital age, cell phones (and the information that can be gleaned from them) have become the cutting edge of this analysis. This paper explores the basic search and seizure concepts as they apply to cell phones, including the nature of the privacy interest and the relevant search and seizure jurisprudence. This paper is part of a collection presented at LESA’s Search & Seizure and Digital Spaces program in Edmonton on September 22, 2023.
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62224.03This paper serves as a practitioner’s guide on how to approach the defence of a prosecution involving evidence obtained pursuant to a search warrant or other judicial pre-authorization. It examines five phases: seeking disclosure, reviewing the search warrant, reviewing the Information to Obtain (ITO), providing Charter notice, and making a Garafoli application. This paper was presented at LESA’s Criminal Law Webinar Series on April 16, 2021.
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