PRACTICE AREA: Criminal

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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Milligan's Criminal Law Advisor | Inducement

Accused's confession was voluntary where there was no nexus between the decision to confess and an "inducement" made by police

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Police Powers | Anonymous Informant

Information provided by an unknown anonymous informant amounted to reasonable and probable grounds to arrest the accused for drug trafficking

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Milligan’s Criminal Law Advisor | Gladue Principles

Ontario court holds "Gladue" principles apply to bail applications heard by the Court of Appeal

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Police Powers | Abandoned Backpack

Search of abandoned backpack containing shotgun and ammunition found not to violate accused's s. 8 rights.

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Milligan's Criminal Law Advisor | Date and Locale

Yukon Court of Appeal holds date and locale alleged in indictment are material and must be proven by Crown

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Digest of the Week | Support Animal

BC court grants complainant's application to testify with pet dog on her lap at dangerous offender hearing

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