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Voluntariness is a crucial legal safeguard that ensures any statements or confessions given to someone in a position of authority are made freely and without any coercion. This standard is central to the “confessions rule”, which requires that such statements are demonstrated as voluntary to be considered valid in court. This is typically determined […]
Understanding Voluntariness in Criminal Confessions Read More »
Being detained by law enforcement can be a stressful and unfamiliar experience. One of your fundamental legal rights during this process is the right to counsel. This post explores the nuances of your right to consult with a lawyer after an initial conversation, following your arrest or detention in Canada. The Right to Counsel
Your Right to Legal Counsel After Initial Consultation When Detained in Canada Read More »
The expansion of the internet in today’s society has unfortunately been accompanied by a surge in child pornography crimes. Grasping the legal ramifications and complexities of these offences is essential for the general public as well as individuals who are implicated. Canadian legislation details child pornography offences within Part V of the Criminal Code,
Deciphering the Legal Landscape of Child Pornography Crimes in Canada Read More »
Credit to the team at Supreme Advocacy Leaves Dismissed Criminal Law: 10(b) Nicholas Villeneuve v. R, 2023 NLCA 14 (40841)The Applicant was driving his truck home when he collided head-on with a vehicle containing four individuals. Two died and two others sustained serious injuries. The Applicant was injured and was taken to the hospital. The Applicant was
January 2023: Recent SCC Decisions Read More »
Credit to the team at Supreme Advocacy Granted Criminal Law: Fitness to Stand Trial Bharwani v. R., 2023 ONCA 203 (40781)After several years of deteriorating mental health, the Applicant moved into a basement apartment with other tenants. Five days later, the Applicant attacked one of the other tenants by striking her with a fireplace poker and then
December 2023: Recent SCC Decisions Read More »
Credit to the team at Supreme Advocacy Granted Criminal Law: Young Persons I.M. v. R., 2023 ONCA 378 (40868)There is a publication ban in this case, certain information not available to the public, in the context of sentencing a young person as an adult. “The application for leave to appeal…is granted. This appeal will be heard with S.B.
November 2023: Recent SCC Decisions Read More »
Credit to the team at Supreme Advocacy Criminal Law: Fraud; Corruption; Conspiracy A. v. R., 2022 QCCA 752 (40160)There is a publication ban in this case, as well as a Sealing Order; certain information is not available to the public in the context of fraud, corruption, and conspiracy charges. “The motion for an extension of
July 2023: Recent SCC Decisions Read More »
As a criminal lawyer, I understand that being charged with a drug trafficking offence can be a daunting and overwhelming experience. In this blog post, I’ll provide an overview of drug trafficking charges in Canada and offer some guidance on how to navigate the legal process. Understanding the Charges Against You First and foremost,
Criminal Lawyer Explains: What is Drug Trafficking? Read More »
Criminal Law: Right to Counsel R. v. Dussault, 2020 QCCA 746 (39330) The Respondent, Patrick Dussault, was arrested for murder and arson. Before his trial, he moved to exclude from the evidence an incriminating statement he had made to the police while being questioned; the reason he gave was the statement had been obtained as the
February: Recent SCC Decisions Read More »
Recent Supreme Court of Canada and Appeals Courts decision synopses graciously authored and provided by Professor Eugene Meehan and Supreme Advocacy LLP. The full website is accessible at https://supremeadvocacy.ca/. Criminal Law: Aiding & Abetting Cowan v. R., 2020 SKCA 77 (39301) Following a trial before a judge sitting alone, Mr. Cowan (appellant on the appeal as of right/Respondent on the
January: Recent SCC Decisions Read More »