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  • This paper offers tips for criminal lawyers on how to organize a file and prepare for trial. It discusses the benefits of creating a trial preparation sheet, and provides suggestions for what to include in, and how to effectively organize, such a document. A sample trial preparation sheet is included. 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.  
  • 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.  
  • 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.  
  • This paper offers suggestions for what to do when receiving an unexpected call from a client in custody. Points discussed include addressing privacy considerations, responding to a client with special needs, speaking to the arresting officer, explaining the right to silence to a detained client, and dealing with release. 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.  
  • Investigate the law of search and seizure. Discuss principles and leading cases relevant to this rapidly-changing area of criminal law. Examine the implications of the Charter, recent case law, and a wide variety of relevant, practical topics that consider the exclusion of evidence. This on-demand program was originally presented as an in-person program in June 2018. Total running time is 4 hours, 30 minutes.
  • 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.
  • This paper examines recent jurisprudence on digital privacy, and the implications on wiretap litigation. It provides a general overview of s 8 of the Canadian Charter of Rights and Freedoms. It also discusses the current and future implications of the Supreme Court of Canada decisions in R v Marakah, 2017 SCC 59, and R v Jones, 2017 SCC 60, on digital privacy. Additionally, collateral orders in wiretap authorizations (e.g. court approved deployment of Mobile Device Identifiers or IMSI Catchers) are considered. 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.  
  • 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.
  • This paper explores issues that commonly occur in Canadian Charter of Rights and Freedoms litigation involving the search and seizure of computers. It discusses the scope of computer searches, the issue of standing under s 8 of the Charter, and Vukelich hearings designed to assess the reasonableness of a defendant’s Charter application. 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.  
  • This paper provides a comprehensive review of the law governing the search of electronic devices at the Canadian border. It highlights the applicable legislation and case law, as well as the current Canada Border Services Agency policy. It also discusses the existing debate regarding the constitutionality of suspicion-less searches of electronic devices at the border, and