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Social Media and Identification Evidence: A New Pathway to Wrongful Conviction

July 25th, 2013

With the proliferation of social media, be it Instagram or Facebook, and with the police increasing the use of social media...

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When Paths Cross: A look at the interplay between Foreign Law and Domestic Law in Extradition Cases

January 31st, 2013

Within Canadian criminal law the most significant intersection of domestic and foreign law is in the areas of extradition...

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Conscriptive Evidence, Real Evidence, Good Faith, Bad Faith – What does it all mean?

January 31st, 2013

On July 17, 2009, the Supreme Court released R. v. Grant and three other companion cases, reformulating how courts ought...

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

January 31st, 2013

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

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

January 31st, 2013

By John J. Navarrete For years, criminal defence lawyers across Canada have been told by their Crown Attorney counterparts...

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Who Polices the Police? Not the Court of Appeal!

January 31st, 2013

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

January 31st, 2013

By Leora R. Shemesh Given the prevalence of gang and gun related homicides, exclusion of illegally obtained evidence has...

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

January 31st, 2013

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

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

January 31st, 2013

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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