Sexual Assault Evidence: The SCC Revisits Canadian Rape Shield Laws
In R v Goldfinch, The Supreme Court re-examined Canadian rape shield laws. The Court provided examples of when a victim’s prior sexual activity was admissible.
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Alberta Court Strikes Down Mandatory Minimum Sentence for Cruel and Unusual Punishment
Alberta Court of Queen’s Bench recently struck down a mandatory minimum sentence (MMS). In Charboneau, the accused was convicted under 286.1(2) of the Criminal Code for communicating with a minor...
Read MoreDrug-Trafficking Convictions: A New Starting Point for Fentanyl Sentencing
In R v Felix, the Alberta Court of Appeal (ABCA) set guidelines for fentanyl trafficking sentencing. The Court found that sentencing for wholesale trafficking fentanyl should start at nine years.
Read MoreLimits on Canadian Rape Shield Laws: Cross-Examination and The Right to Full Answer and Defence
The law surrounding sexual assault has evolved in recent decades. In R v R.V., the Supreme Court further developed the rules on cross-examining complainants of sexual assault.
Read MorePeremptory Challenges: New Rules of Jury Selection in Criminal Trials
The Federal Government recently changed the Canadian jury selection system. Through Bill C-75, the government removed peremptory challenges from the jury selection process.
Read MorePolice Information and Vulnerable Sector Checks: Who Can Access your Information and What Can They Do with It?
A recent 2019 decision from Alberta’s Court of Queen’s Bench, Edmonton Police Service (EPS) v Alberta, considered the information available in police record checks.
Read MoreCharter Rights and Private Property: Police Trespassing
In May 2019, the Supreme Court of Canada decided an important case on police powers and personal property rights.
Read MoreRoulston Criminal Defence Week in Review: Week of May 3rd-6th
Tonii Roulston appeared in the Court of Queen’s Bench before Chief Justice Wittmann to speak to sentencing.
Read MorePolice Procedures How Lost Disclosure can Win the Case
More and more police cars are being equipped with video cameras. Police procedure surrounding the preservation of the resultant footage differs depending on the department, but a majority of the...
Read MoreConvictions Premised on Google Maps
The criminal courts have long embraced the evolutions of technology, considering complex issues like cell tower records or ip addresses.
Read MoreActing Under Duress
The defence of duress is codified under s 17 of the Criminal Code which excuses the commission of an offence where it was committed under compulsion by threats of immediate...
Read MoreStepping back from mandatory minimums
Drug offences under the Controlled Drugs and Substances Act are always a controversial issue. From a criminal defence perspective, drug offences can be nuanced because they are often subject to...
Read MoreAlberta’s Review of the Way We Run Bail Hearings
One of the most daunting experiences an accused person faces is the prospect of pre-trial detention when they are first arrested.
Read MoreAlberta’s Response to Mandatory Surcharges
In a previous entry, I discussed the imposition of a mandatory victim fine surcharge in reference to the conservative party’s tough on crime agenda.
Read MoreRoulston Criminal Defence Week in Review - Aug 10
The Lawyers at Roulston Criminal Defence firm have endeavoured to bring you this update about what our lawyers are doing in the Criminal Justice system.
Read MorePolice Street Checks and What Ontario is Doing About Them
On July 30th, Ontario announced a new initiative: public consultation on police street checks.
Read MoreRoulston Criminal Defence Week in Review - Aug 3
The Lawyers at Roulston Criminal Defence firm have endeavoured to bring you this weekly update about what our lawyers are doing in the Criminal Justice system each week.
Read MoreHow should we read the Canadian Constitution?
The new Globe and Mail article has recently seen a great deal of attention. One of the concepts discussed in the article is ‘Originalism’ whereby the constitution is to be...
Read MorePolitics in Judicial Appointments
The Globe and Mail recently released an article reviewing the structure of judicial appointments and the role the conservative party plays in those appointments.
Read MoreAge of Consent: When you should Ask about Age
The issue of mistaken belief about an individual’s age as it relates to sexual offences against minors has been readily debated, and not just amongst the legal community.
Read MoreAlberta’s Standard for s 10(a) Charter Rights
There has been recent disagreement about what it means to breach an individual’s s. 10(a) Charter right to be informed promptly of the reason for their arrest or detention.
Read MoreImproper Exercise of Police Discretion to Hold Accused
Two recent decisions have called into question the use of police discretion in holding an accused for a show cause hearing. In R v Sabatini, 2015 ONCJ 282, the Ontario Court of Justice considered a situation where an individual charged with...
Read MoreA New Direction for Bail Releases
The Supreme Court of Canada in it’s decision R v St-Cloud, 2015 SCC 27 has decided that detaining an accused person under s. 515(10)(c) of the Criminal Code is no longer only possible in exceptional and rare circumstances.
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