Court held that officer could not rely on intuition as basis for warrantless search of university student's backpack
Empty beer cans in the accused's vehicle gave an air of reality to the possibility that the accused engaged in bolus drinking
R. v. Curry (2016), 2016 BCSC 1435, 2016 CarswellBC 2152 (B.C. S.C.)
The victims’ fear coupled with the accused’s awareness that breaking and entering could trigger such fear formed the basis for Ontario’s Court of Appeal to find the “implied threat of violence” necessary to uphold the lifetime weapons prohibition imposed in the accused’s sentence.
Alberta court holds accused failed to establish privacy interest in text messages sent from cell phones belonging to third party
Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay
Supreme Court of Canada upholds taking of penile swab as lawful search incidental to arrest in sexual assault case
In a recent decision, the Ontario Court of Appeal overturned the decision of the trial judge to admit evidence of 50 marijuana plants, holding that the evidence was obtained in a manner that violated the accused's Charter rights and that the breaches were close to "the extreme end of seriousness."
After the sixteen-year-old street racer had collided with a cyclist and pleaded guilty to dangerous driving causing death, Ontario’s Court of Justice imposed a sentence that included 7 months open custody, 3½ months community supervision, 1 year probation and a 5-year driving prohibition.
This sample legal memo discusses how long "as soon as practicable" is within the meaning s.254(3).
This post gives an overview of the criminal law procedure involved in arrests, including a definition of the term, notice required, arrest without a warrant, and the powers of a peace officer incidental to arrest.
This Emerging Issues Bulletin discusses the escalating threat of fentanyl and W-18, the rise of Internet-based drug importation schemes, and the outcomes of the April 2016 United Nations General Assembly Special Session on Drugs