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This paper explores three hot topics in criminal law: (1) the impact of R v Zora and section 523.1 hearings, (2) remote hearings, and (3) sentencing in the time of COVID. This paper was presented at LESA’s Criminal Law Webinar Series on June 18, 2021.
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This paper provides some background on the intersection of family violence and family law, particularly parenting issues, and your obligations to your client. It also highlights recent amendments to the Divorce Act that touch on family violence.
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These materials outline some of the preliminary considerations that must be given to Charter issues in every criminal file, and considerations for advancing the issues procedurally, strategically, and ethically. They also provide references to leading caselaw on some of the Charter principles which are most often raised in criminal proceedings This paper was presented at LESA’s Criminal Law Webinar Series on June 11, 2021.
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This 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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This paper provides key considerations relating to how to commence s. 487 applications, so called “telewarrants”, and search warrants under the Provincial Offences Procedure Act. It also provides information about what can be authorized by a s. 487 search warrant, reasonable grounds, the importance of sources of information, hearsay evidence, inferences, confidential informants, and computer searches. This paper was presented at LESA’s Criminal Law Webinar Series on April 16, 2021.
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Written in the format of quick question, brief answer, and list of authorities, these materials explore common issues such as the Crown’s obligation relating to disclosure, the meaning of relevance in the context of disclosure, obtaining records in the hands of other Crown agencies, how to bring an O’Connor/third party record application, and what to do when the Crown and Defence disagree on the status of records. This paper was presented at LESA’s Criminal Law Webinar Series on April 9, 2021.
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This 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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This 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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This 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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This 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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This 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.
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This paper provides tips for conducting effective direct examinations in criminal trials. It discusses how to properly prepare for a direct examination, including what materials to provide to a witness, how to advise a witness, and how to deal with special witnesses (such as experts, children, etc.). It also provides strategies for structuring and drafting direct examination questions and for handling evidence and exhibits. 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.
