WestlawNext Canada insight Blog

CATEGORIES: News and Views

Police Powers | Racial Profiling

The Ontario court held in R. v. Simpson that racial profiling by customs agents may constitute a Charter violation

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Milligan's Criminal Law Advisor | Change in Jeopardy

Ontario Court of Appeal holds that an accused’s statement should not have been admitted because there had been a change in jeopardy warranting another consultation with counsel

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News and Views | Authorization to Intercept Private Communications

Ontario Court of Appeal upholds authorization to intercept private communications as valid

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Milligan's Criminal Law Advisor | Breathalyzer instruments

Alberta Court of Appeal holds maintenance records for breathalyzer instruments are “third party” disclosure and defence counsel will rarely be able to obtain their production because they are not “likely relevant”

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Police Powers | Plain View

No unreasonable search where gun found in plain view during investigative detention

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Milligan's Criminal Law Advisor | Inducement

Accused's confession was voluntary where there was no nexus between the decision to confess and an "inducement" made by police

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Police Powers | Anonymous Informant

Information provided by an unknown anonymous informant amounted to reasonable and probable grounds to arrest the accused for drug trafficking

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Milligan’s Criminal Law Advisor | Gladue Principles

Ontario court holds "Gladue" principles apply to bail applications heard by the Court of Appeal

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Police Powers | Abandoned Backpack

Search of abandoned backpack containing shotgun and ammunition found not to violate accused's s. 8 rights.

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Milligan's Criminal Law Advisor | Date and Locale

Yukon Court of Appeal holds date and locale alleged in indictment are material and must be proven by Crown

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Dismissal and Employment Law Newsletter -- Code of Conduct

Employer claimed that employee breached code of conduct after he e-mailed copy of private placement memorandum to friend who was also in investment business

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Proof of Facts | Appointment and Removal Personal Representatives

General discussion on the appointment of executors and administrators and their rights and duties in these roles.

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