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  • This 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.  
  • This 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.  
  • This 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.  
  • Clients are sometimes dealing with legal issues in multiple areas of law. When considering strategy and tactics, counsel should also evaluate how the options considered may affect a client’s position on other legal issues. This paper focuses on the advantages of keeping tabs on a client’s other litigation arenas for the client’s benefit: first, to avoid weakening a client’s position in those other arenas, and second, to gain information from those other arenas. The paper consists of two parts: (1) employing social media to litigate; and (2) discovering what exists in other litigation arenas and utilizing it for the client’s benefit. In the first part, the legal principles that have developed with respect to accessing and utilizing information gathered from social networking sites is discussed in the context of civil law applications, criminal law applications, and ethical issues. In the second part, a range of topics related to the intersection of legal arenas are discussed, including: statutorily compelled statements and the right against self-incrimination; disclosure and use of pre-trial proceedings or witness testimony in other proceedings; access to Crown files by civil litigants; and the impact of a criminal or traffic verdict on a related civil case. This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.  
  • Family and criminal law routinely intersect, and it is important for counsel to be aware of the potential implications of actions in one area on the other. This paper focuses on that intersection of family and criminal law, discussing topics such as: charges and bail, pre-trial orders (for example, Child Protection Orders or Emergency Protection Orders), implications of criminal prosecution on family law proceedings, and information sharing. The paper also reviews Criminal Code sections that intersect with family law matters. Tips for family law lawyers dealing with a client whose spouse or partner is criminally charged are also provided. This paper is part of a collection presented at LESA’s Intersection of Family and Criminal Law program held in Calgary on March 11, 2017 and in Edmonton on March 18, 2017.  
  • Section 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.
  • $55.00
    This 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.  
  • Out 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.
  • 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.

  • 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.