Criminal Archives : 2017

 Milligan's Criminal Law Advisor | Failure to Stop

BC Court of Appeal holds that an accused who did not cause an accident may properly be convicted of failure to stop

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Police Powers | Racial Profiling

The Ontario court held in R. v. Simpson that racial profiling by customs agents may constitute a Charter violation

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Milligan's Criminal Law Advisor | Change in Jeopardy

Ontario Court of Appeal holds that an accused’s statement should not have been admitted because there had been a change in jeopardy warranting another consultation with counsel

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News and Views | Authorization to Intercept Private Communications

Ontario Court of Appeal upholds authorization to intercept private communications as valid

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Digest of the Week |  Bail Hearing

Ontario Court of Appeal holds that Gladue factors are applicable to bail hearings

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Legal Wit -

It is the practice of the RCMP at the Shellbrook Detachment to make the calls for the accused persons.

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Milligan's Criminal Law Advisor | Breathalyzer instruments

Alberta Court of Appeal holds maintenance records for breathalyzer instruments are “third party” disclosure and defence counsel will rarely be able to obtain their production because they are not “likely relevant”

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Emerging Issues Bulletin #3 | Drug Offences in Canada

This edition of the Emerging Issues Bulletin discusses the changing face of drug trafficking in Canada

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Police Powers | Plain View

No unreasonable search where gun found in plain view during investigative detention

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