Category Criminal Law

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 […]

‘Public Interest’ Ground in Recent POA Appeals

Fourth-year paralegal student Karen Fair takes a look at two recent POA Court of Appeal matters, and the “common ground” that links them. The Court of Appeal for Ontario recently released two decisions, R. v. A.E., 2013 ONCA 713 and R. v. Ul-Rashid, 2013 ONCA 782, dealing with appeals of Provincial Offences Act decisions. Both […]

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 […]

Top-10: Paralegal News From 2013

With six years of regulation under our belts, every year is a big year for Ontario’s 5,000 or so paralegals. Still, 2013 is a stand-out, when it comes to significant events. Court decisions, association realignment, legislative changes and governance issues had immediate effects on the profession. While it was difficult to narrow down just 10 […]

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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