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BANG! BANG! BANG! – IS SECTION 24(2) DEAD?

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday February 23, 2010.

Given the prevalence of gang and gun related homicides, exclusion of illegally obtained evidence has become difficult if not impossible to achieve on a section 24(2) Charter analysis. It is submitted, however, that we should not determine rights based on moral panic respecting the issue. Commonly, compelling Charter Applications are advanced on section 8 and/or section 9 violations, wherein officers detain young black men on city streets, in vehicles or...
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Who Polices the Police? Not the Court of Appeal!

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday February 23, 2010.

The Ontario Court of Appeal in the recent case of Regina v. Harrison, 2008 ONCA 85, has given a license for police to trample on individual rights so long as the fruits of their conduct yields evidence of a crime. Under what appears to be a new form of analysis of s. 24(2) of the Charter, as long as the Crown can establish that the admission of the impugned evidence...
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BAD BOYS, BAD BOYS, What you going to do – Police Disciplinary Reports and Disclosure

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday February 23, 2010.

For years, criminal defence lawyers across Canada have been told by their Crown Attorney counterparts that a third party record application was required in order to obtain police disciplinary records in defence of their clients. For years, criminal defence lawyers have argued, mostly unsuccessfully, that an officer's prior improper conduct was relevant to the police investigation and essential to making full answer and defence. On January 16, 2009, the Supreme...
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The Rise and Fall of Evidence to the Contrary: A Brief History

On behalf of Neuberger & Partners LLP posted in Criminal Defence on Tuesday February 23, 2010.

Introduction Although charges of impaired/over 80 have decreased in the past two decades, these driving offences currently constitute 12% of all cases on the dockets of lower courts. With approximately 15,000 impaired/over 80 cases being heard every year in the low courts, these offences represent the largest category of offence currently being tried in this court. Parliament first introduced the offence of "driving while intoxicated" in 1921 but it was...
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