Articles 2019

Lynda Morgan summarizes the Supreme Court of Canada's recent significant judgment in R. v. Reeves, respecting the effect of the consent of a co-owner or third party to the police seizure of a computer.

Michael Lacy provides an overview of the law and offers practical tips to counsel when providing legal advice to detainees.

For young criminal lawyers, mentorship is crucial. Nadia Klein, a young criminal lawyer herself, offers her tips on how to find the mentorship you need.

Grace Hession David reviews the law surrounding Crime Stoppers' Tips, with a specific focus on the recent Supreme Court of Canada decision of R. v. Brassington, 2018 SCC 37. Grace summarizes recent examples of successful and unsuccessful "innocence at stake" applications and sets out the applicable test for counsel to consider.

John Dick discusses the implications of the Supreme Court of Canada's recent decision in R. v. Brassington and the complicated law surrounding the intersection of informer privilege and the right to make full answer and defence.

Eric Neubauer notes that R. v. McCaw, 2018 ONSC 3464 has important implications for constitutional litigation that extend far beyond its holding that s. 33.1 of the Criminal Code is unconstitutional: the case confirms that constitutional declarations of invalidity render a law null and void for all future courts, unless and until the declaration is successfully appealed to a higher court.

The #MeToo movement has condemned the criminal justice system’s handling of sexual assault allegations. How can we address these concerns without sacrificing the rights of the accused? A diversion program for less serious sex assault cases may be part of the answer.