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  • 61826.01

    A Practical Guide to Search Warrants

    $35.00
    This 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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  • 61986.02

    A Practical Guide to the Suspension of s. 10 of the Charter during the Search Warrant Process

    $35.00
    This 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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  • 61846.01

    Appeals and Bail Reviews

    $35.00
    This 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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  • 61893.01

    Bail

    $65.00
    The 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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  • 62070.03

    Case Study: Pre-Trial Application Considerations in Sexual Assault Cases

    $35.00
    This 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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  • 62483.01

    Cases and Considerations on the Current Use of Artificial Intelligence in the Commission and Investigation of Crime

    $65.00
    This 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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  • 62352.02

    Cell Phones – Reasonable Expectation of Privacy and the Digital Age

    $35.00
    As 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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  • 62224.03

    Challenging a Search Warrant: An Overview of the Steps Required to Bring a Garafoli Application

    $65.00
    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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  • 62135.06

    Charter Notices and Voir Dires

    $35.00
    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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  • 62224.05

    Charter Notices: Who, What, When, Where and How – A Quick Reference Guide

    $35.00
    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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  • 62287.06

    Closing Arguments

    $35.00
    This paper provides practical tips for drafting closing arguments and includes a sample closing argument outline. This paper is part of a collection presented at LESA’s Practice Foundations: Criminal Law program in Edmonton on October 28, 2022.
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  • 61908.00

    Criminal Advocacy – Trial Strategy

    $95.00
    These materials provide valuable, detailed pointers for the criminal defence lawyer on getting to trial, including strategies for using a systematic focus to improve case analysis, issue identification, and responding to the issues. The authors provide detailed, practical suggestions on many aspects of a criminal defence file including: analysis of the Crown’s case; reviewing the information/indictment; considering legal elements; dealing with co-accuseds; disclosure and production; elections; challenging the case to be made by the Crown; pre-trial preparations, including procedural considerations; jury versus non-jury trials; admissions; scheduling; preparing an opening address or summary; pretrial hearings; and running the trial itself, including details relating to issues of evidence. The role played by the bench on the way to trial is also discussed, outlining the relevant QB rules and forms and providing details on scheduling and holding pre-trial conferences and accessing case management. This paper was presented at the Criminal Advocacy – Trial Strategy program in April, 2014.  
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