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OC-62287-05This presentation examines the fundamentals and principles of sentencing as well as the sentencing process from start to finish. Topics discussed include proportionality, parity, and individualization; aggravating factors, mitigating factors, and collateral consequences; denunciation, deterrence, and separation; rehabilitation, restorative justice, and restraint; and totality. This on-demand program was originally presented as an in-person program on October 28, 2022 as part of our Practice Foundations: Criminal Law program. Total running time is 1 hour, 49 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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62046.02This 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.
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62001.03Section 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.
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OC-62404Price range: $95.00 through $445.00From the defence perspective, explore the practicalities of sentencing, including what to gather for the sentencing (e.g. exhibits, caselaw, written submissions, restitution, references), how to prepare your client for sentencing, review of facts or creating an Agreed Statement of Facts, how to structure the sentencing submissions to address all the key factors at play. and flow and order of sentencing submissions. This on-demand program was originally broadcasted as a live webinar on April 19, 2024. Total running time is 57 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62224-2Dive into the principles of search and seizure law, including forms of warrants, court jurisdiction for different types of warrants, prospective warrants, nighttime execution, and sealing orders. Consider what are reasonable grounds to suspect vs. reasonable grounds to believe and the difference between investigation thresholds for charges and trial. This on-demand program was originally broadcasted as a webinar as part of our Criminal Law Webinar Series on April 16, 2021. Total running time is 1 hour, 4 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62224-3You be the judge... this session builds on Search & Seizure A to undertake an in-depth analysis of an ITO. Discuss how police prepare and draft a s. 487 search warrant and how a Justice of the Peace or Judge evaluates an application for the warrant. This on-demand program was originally broadcasted as part of our Criminal Law Webinar Series on April 23, 2021. Total running time is 53 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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OC-62352-03Price range: $95.00 through $445.00This presentation explores the situations in which police may (or may not) violate section 8 when obtaining private data from third parties. This on-demand program was originally presented as an in-person program on September 22, 2023 as part of our Search & Seizure and Digital Spaces program. Total running time is 54 minutes.Select options This product has multiple variants. The options may be chosen on the product page
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61922.08According 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.
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61944.01Sentencing 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.
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62287.07This paper guides readers through the criminal sentencing process, from start to finish. Topics discussed include proportionality, parity, and individualization; aggravating factors, mitigating factors, and collateral consequences; denunciation, deterrence, and separation; rehabilitation, restorative justice, and restraint; totality; and the sentencing hearing itself. 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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62224.02This paper provides key considerations relating to how to commence s. 487 applications, so called “telewarrants”, and search warrants under the Provincial Offences Procedure Act. It also provides information about what can be authorized by a s. 487 search warrant, reasonable grounds, the importance of sources of information, hearsay evidence, inferences, confidential informants, and computer searches. This paper was presented at LESA’s Criminal Law Webinar Series on April 16, 2021.
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62001.04Out 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.
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