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62135.05This 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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61986.05Today, personal information is no longer kept safely hidden away in our desks and filing cabinets. Instead, in large part due to the near-ubiquity of computers and the Internet, it seems that personal information is created by almost everything and is stored almost everywhere. This paper addresses two topics related to informational privacy concerns. First, law enforcement access to third party information using Criminal Code production orders is discussed. Within this context, R v Fedossenko, 2014 ABCA 314, is used as a case study into production orders, illustrating some of the legal and constitutional issues raised by law enforcement access to third party information. Second, the new “lawful access” provisions of the Protecting Canadians from Online Crime Act, SC 2014, c 31, are summarized and discussed.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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61825.04This paper was drawn from materials from the February 2012 program entitles Crime and Punishment: New Aspects of Evidence in the Electronic Age. This paper focuses on the use of previously recorded statements and their evidential value. Obtain a refresher on the procedure for using a previously recorded statement to impeach a witness, and then learn of the recent developments regarding the admission of such statements for the truth of their content.
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62070.05This 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.
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61986.04This paper addresses a number of developing issues in search warrant challenges, and explores how traditional search and seizure concepts have adapted (or not) to deal with emergent social issues, with a particular emphasis on establishing a reasonable expectation of privacy and the need for a flexible approach to respond to changing social norms. Establishing a reasonable expectation of privacy to challenge any state intrusion is discussed, with practical advice for building the evidentiary foundation. As well, police reliance on illegally obtained evidence and the principles of excision and exclusion are considered. Finally, reasonable expectations of privacy in public and common areas are discussed in the context emerging and relevant judicial decisions.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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62209.04This 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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62001.01This 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.
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62070.01This 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.
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61825.01This paper was presented at “Crime and Punishment: New Aspects of Evidence in the Electronic Age”, a LESA program held in February 2012. This paper deals with recent developments in the wire tap law. It covers specific legislative enactments and judicial decisions in state use of electronic surveillance. In addition, this paper examines recent Ontario and Alberta cases regarding live monitoring requirements in wire tap authorizations and the use of an interception equipment feature called “put away”.
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61826.02aThis paper was drawn from materials presented at the Life, Liberty, and the Pursuit of Proceeds program held in February 2012. It covers issues that commonly arise as a result of improper execution of a wiretap order or that may arise when the prosecution seeks to introduce the wiretap evidence at trial.
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