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Areas of Law
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  • 61990.01
    The use of expert opinion evidence is increasing in Canadian criminal trials, and along with it is a growing judicial disquiet regarding the impact of such evidence on the fact-finding function within the trial process. This paper, intended as an introduction to the subject matter, consists of two parts: the first part reviews the admissibility requirements for expert opinion evidence generally; the second part focuses on practical considerations for counsel arising from the revised two-part test for admissibility endorsed by the Supreme Court of Canada in White Burgess Langille Inman v Abbott and Haliburton Co, 2015 SCC 23, [2015] 2 SCR 182. The author also provides a comparative analysis to the treatment of expert evidence in the United States throughout the paper. This paper is part of a collection presented at LESA’s Criminal Advocacy – Experts program held in Calgary on May 14, 2016 and in Edmonton on May 28, 2016.
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  • 62070.09
    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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  • 07_45_04
    This paper summarizes recent and significant changes to the criminal law in legislatioin and case law. Topics include sentencing, the "Carter Defence", Charter developments, and disclosure of police records. This paper was presented at the Update 2011 program.
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  • 62070.06
    Effective 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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  • 62070.07
    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.  
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  • 62224.01
    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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  • 62287.02
    This paper provides an overview of the legal principles surrounding the accused’s right to disclosure, and to highlight some practical considerations for counsel when requesting and reviewing disclosure materials. 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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  • 62084.09
    This 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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  • 62087.04
    This 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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  • 61826.02b
    This paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. It is designed as a starting point for counsel when faced with prosecuting or defending a wiretap case, assisting in identifying non-Charter issues.  
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  • 61922.04
    In this short paper, these authors explore the ethical limits of a lawyer’s ability to seek, prepare and present evidence from a witness in a proceeding, recognizing that a lawyer’s natural inclination may be to endeavour to orchestrate testimony to assist in proving a client’s case. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.
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  • 62070.04
    This 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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