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  • This 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.
  • This paper provides an outline of the most significant privacy-related aspects in the Supreme Court of Canada decision, R v Vu, 2013 SCC 60, which expanded the notion of “privacy” with respect to computer devices and digital contents. In addition, subsequent decisions in the realm of computer privacy are identified and discussed. This paper also highlights, from a more practical perspective, some of the challenges faced by legal counsel dealing with these evolving technological issues within a criminal trial, including a brief discussion on the duty of searching officers to take detailed notes during personal computer device searches.
    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.
  • 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.
  • After a search warrant is granted, an accused may bring an application before the court for judicial review to determine whether or not the search warrant should have been issued. This type of judicial review, commonly referred to as a Garofoli hearing, is explained in detail in this paper, which discusses how the courts have approached the various procedural aspects of a Garofoli hearing. A brief background on the standard of review and types of review (e.g., whether the warrant’s facial validity or sub-facial validity is challenged) is provided, and principles and procedures related to cross-examination, excision, and amplification are discussed. This paper also considers issues relevant to assessing the affiant’s evidence, as well as the process for dealing with a heavily redacted affidavit. In addition, an alternative to the Garofoli hearing to set aside a search warrant is briefly highlighted.
    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.
  • 61944.01
    Sentencing is a unique and important process for the criminal law practitioner.  Ensuring offenders receive a fit sentence relies heavily on the efforts of both Crown and defence counsel.  These materials, prepared by counsel with Alberta Justice and the Solicitor General, delve into the issues surrounding sentencing, broken down into three parts: an overview of the purpose, principles and objectives of sentencing under the Criminal Code and other relevant legislation; a look at the interplay between judicial discretion and appellate guidance in the sentencing process; and the sentencing process itself.  Attached are valuable checklists, samples and precedents.
    These materials were presented at LESA’s Criminal Advocacy – Summary Disposition and Sentencing Hearings program in May, 2015.
  • According to the author, the purpose of this paper is to provide litigators with a solid foundation of the principles and concepts related to implied undertakings in criminal and civil litigation, to help counsel identify the scope of those undertakings, and lastly, to provide practical guidance on how to properly uphold or seek to set aside an implied undertaking when the information from one litigation may be relevant to another proceeding. This paper was presented as part of LESA’s Evidence Law Refresher in November and December 2014.  
  • 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.
  • 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.  
  • 61893.01
    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.