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Certain Privacy for Text Messages – Law Catching up with Technology

Text messages that have been sent and received can, in some cases, attract a reasonable expectation of privacy and therefore can be protected against unreasonable search or seizure under s. 8  of the Charter . Whether a claimant had a reasonable expectation of privacy must be assessed in the totality of the circumstances. To claim s. 8 protection, claimants must establish that they had… Read More »

Reply to “Book banning brings India’s Hindu extremism into plain view”

Original Article: https://www.theglobeandmail.com/globe-debate/book-banning-brings-indias-hindu-extremism-into-plain-view/article17020690/   Mr. Omer Aziz’s recent article entitled “Book banning brings India’s Hindu extremism into plain view” is in my respectful submission misleading and deceptive.   The central premise from which Mr. Aziz argues is the withdrawal of a badly written book on Hinduism published by Penguin India. From this premise, Mr. Aziz… Read More »

Making a Threat? Don’t say it seriously!

While the accused was incarcerated, he had a telephone conversation with his ex‑girlfriend during which he repeatedly told her that he would kill her upon his release if she proceeded with her planned abortion of their child. The accused was charged with uttering threats. At trial, the ex‑girlfriend testified that the words uttered by the… Read More »

The Govt is watching you if you are a Juror

Jury vetting by the Crown and police gives rise to a number of concerns. First is the prospect of the Crown and police joining forces to obtain a jury favourable to their cause. Second is the fundamental precept of our justice system that “justice should not only be done, but should manifestly and undoubtedly be… Read More »

Facing the Accuser – allowing for religious nonesense

The issue is when, if ever, a witness who wears a niqab for religious reasons can be required to remove it while testifying. Two sets of Charter rights are potentially engaged — the witness’s freedom of religion and the accused’s fair trial rights, including the right to make full answer and defence. An extreme approach… Read More »

Probation Orders

The probation orders imposed on the appellants were valid when made and no prior or subsequent sentences invalidated them, either prospectively or retrospectively. The phrase “imprisonment for a term not exceeding two years” relates only to the actual term of imprisonment imposed by a sentencing court at a single sitting. It does not refer to… Read More »

Stay of Proceedings

Section 24(1) of the Charter vests in trial judges broad discretion in granting “such remedy as the court considers appropriate and just in the circumstances”. It is well established that remedies granted by trial judges under s. 24(1) should be disturbed on appeal only where trial judges misdirect themselves or their decision is so clearly… Read More »

The Defence of Provocation

The defence of provocation requires that there be a wrongful act or insult of such a nature that it is sufficient to deprive an ordinary person of the power of self‑control and that the accused act on that insult before there was time for her passion to cool. In order to satisfy the objective element… Read More »

Similar Fact Evidence – Using Your Past Against You

The prior conviction was admissible as “some evidence” linking the appellant to the assault on J.S.  In the context of a similar fact application, a prior conviction may be tendered to establish an essential element of the prior offence where that element has been placed in issue.  The admissibility of a prior conviction does not depend… Read More »

Reasonable Forseability – What is an intervening Act?

Courts have used a number of analytical approaches to determine when an intervening act absolves the accused of legal responsibility for manslaughter.  For example, both the “reasonable foreseeability” and the “intentional, independent act” approach may be useful in assessing legal causation depending on the specific factual matrix.  These approaches grapple with the issue of the… Read More »

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