Category Criminal Decisions

Canada Evidence Act – s. 31 Does Not Stand Alone

Paralegal Karen Fair summarizes a recent Ontario Court of Justice decision that considers whether and for what purpose electronic evidence may be admitted. In R. v. Mondor, 2014 ONCJ 135, Justice Mara Greene determines whether section 31 of the Canada Evidence Act allows the admission of electronic evidence for truth of its contents without complying […]

Legal Word of the Day: “Judicial Review”

“Judicial Review” — A procedural oversight process, to determine whether a decision-maker exceeded its statutory mandate or breached principles of procedural fairness in reaching a decision. The Judicial Review court can issue orders for: mandamus, prohibition or certiorari. It can make declarations, or issue injunctions, or both. Judicial Reviews are not appeals. They allow a […]

SCC’s May Appeals Affect Paralegal Scope Matters

  The Supreme Court of Canada’s list of appeals for May includes several cases that could affect the paralegal scope of practice. Employment, privilege and privacy are among the key principles the court is asked to consider this month:     David M. Potter v. New Brunswick Legal Aid Services Commission, a statutory body corporate […]

A Hunch is Just a Hunch – Superior Court

It was a lesson about using “flimsy grounds” for stopping people on suspicion of texting while driving — an Ontario Superior Court judge has thrown out an alcohol-related conviction and stayed further proceedings. “This was an investigation that used an initial stop on flimsy grounds which became immediately an investigation of a drinking and driving […]

OCA Overturns Misplaced Gladue “Overemphasis”

In a decision that re-examines the application of Gladue principles, the Ontario Court of Appeal set aside a lower court’s sentence in a sexual interference case. Finding that the trial judge “overemphasized” Gladue principles in sentencing an aboriginal man who had a sexual relationship with a friend of his daughter, the court suggested three years […]

Cell Phone, Computer Searches Need Prior Warrant: SCC

In a case related to the limits of police authority to search computers and electronic devices, the Supreme Court of Canada has found that police need specific, prior judicial authorization to search the contents of devices found during a premises search — a conventional warrant does not permit the search of personal computers and mobile […]

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