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R. v. Khelawon, 2006 SCC 57 – Clarifying Hearsay, Again

February 23rd, 2010

This recent decision of the Supreme Court of Canada has once again attempted to clarify how lower courts are to deal with...

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WHEN TO TALK AND NOT TO TALK: Voluntariness in the Context of Drinking and Driving

February 23rd, 2010

Defending impaired driving and over 80 cases often involves a challenge to the actions of police officers holding up their...

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Keep it in – Minor Breaches of the Charter are Okay with the Court

February 23rd, 2010

There is no doubt that impaired driving is a serious social issue affecting Canadians across Canada. The consequences of...

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

February 23rd, 2010

Given the prevalence of gang and gun related homicides, exclusion of illegally obtained evidence has become difficult if not...

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Who Polices the Police? Not the Court of Appeal!

February 23rd, 2010

The Ontario Court of Appeal in the recent case of Regina v. Harrison, 2008 ONCA 85, has given a license for police to...

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BAD BOYS, BAD BOYS, What you going to do – Police Disciplinary Reports and Disclosure

February 23rd, 2010

For years, criminal defence lawyers across Canada have been told by their Crown Attorney counterparts that a third party...

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The Rise and Fall of Evidence to the Contrary: A Brief History

February 23rd, 2010

Introduction Although charges of impaired/over 80 have decreased in the past two decades, these driving offences currently...

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