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R vs Hart: New Test for Probative Value

In Evidence Law, Probative Value and Prejudice, Relevance, Teaching Capsules by Peter SankoffLeave a Comment

In this video blog, I explore the Supreme Court of Canada’s decision in R v Hart, 2014 SCC 52, which addressed the admissibility of confessions made while the accused was being investigated by use of a “Mr Big” operation.  My interest here is not so much in these operations per se, but what the Court’s decision tells us about how …

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Third Parties & Legal Advice Privilege

In Evidence Law, Privilege, Privileges and Immunities, Teaching Capsules by Peter SankoffLeave a Comment

In this video blog, I consider a thorny problem: when are communications that go from a client/lawyer through a third party and then to a lawyer/client protected by privilege. This complex issue was recently considered by the Saskatchewan Court of Appeal in Redhead Equipment Ltd. v. Canada, 2016 SKCA 115. If you enjoyed this post, do me a favour and …

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Exclusion of Evidence under the Charter – When is Evidence “Obtained in a Manner?”

In Charter of Rights and Freedoms, Evidence Law, Teaching Capsules, The Charter, Video Blogs by Peter SankoffLeave a Comment

In Canada, evidence can be excluded pursuant to a constitutional violation under section 24(2) of the Charter of Rights and Freedoms, but only where it was “obtained in a manner”. What does this term mean?  It’s explained in this video. If you enjoyed this post, do me a favour and share!

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Carter, The Assisted Dying Bill and Constitutional Remedies (15mins)

In Case Comments, Case Comments, Charter of Rights & Freedoms, Criminal Law by Peter SankoffLeave a Comment

In this video blog, I explain the impact of the Carter v Canada decision, which struck down the assisted suicide provision of the Criminal Code, but did so in an unusual way. The federal government is trying to enact legislation with an eye on June 6, when the SCC’s decision to “suspend” the declaration of invalidity expires.  What happens if …

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Bill C-246: Amendments to Canada’s Cruelty to Animals Provision (35mins)

In Animal Law, Cruelty, Law Reform, Video Blogs by Peter SankoffLeave a Comment

In this video blog, I address some recent critique of Bill C-246, which aims to amend the animal cruelty provisions in the Criminal Code. The critique was written by Robert Sopuck, MP. In this video blog, I explain why the majority of criticisms don’t actually hold up to critical examination. In fact, many of them are downright preposterous. If you …

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Duffy, Wright and the Parliament of Canada Act (10mins)

In Case Comments, Case Comments, Criminal Law, Other Offences, Procedural Issues by Peter SankoffLeave a Comment

As the Mike Duffy trial continues, there is continued speculation that the RCMP bungled matters by not charging Duffy or Nigel Wright under section 16 of the Parliament of Canada Act, which prohibits a Senator from receiving (and a person from giving) “any compensation, directly or indirectly, for services rendered or to be rendered to any person, either by the …