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62084.09This 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.
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62087.05This 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.
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62087.04This 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.
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62087.03This 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.
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62087.02This 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 the challenge of rapidly changing technologies. In addition, the paper highlights practical implications for clients travelling with electronic devices. 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.
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62072.04This paper explores the impact of criminal proceedings and convictions on immigration processes, with a particular focus on criminal law remedies when a client is rendered inadmissible under the Immigration and Refugee Protection Act. Topics discussed include indictable and hybrid offences, terms of imprisonment, ability to sponsor family members, mechanisms for relief in criminal law, and pardons and record suspensions. 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.
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62072.03This paper provides an overview of offences relevant in an immigration context, with references to governing legislation and applicable case law. Four types of immigration offences are discussed: unlawful entry, document offences, fraud-related offences, and general offences. 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.
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62072.02This 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.
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62072.01This 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.
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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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62012.03Clients 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.
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62012.02Family 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.
