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 …
Third Parties & Legal Advice Privilege
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 …
Exclusion of Evidence under the Charter – When is Evidence “Obtained in a Manner?”
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!TwitterFacebookGoogle+LinkedinTumblremail
Pre-Trial Appeals in Criminal Cases (10mins)
In this video blog, I examine a controversial topic: whether Canada should create a system of pre-trial appeals in criminal cases. I draw upon the New Zealand model as an inspiration and conclude that there are enough benefits to this system that it warrants much greater scrutiny in future as, if nothing else, a cost saving measure. If you enjoyed …
Courtroom Therapy Dogs (10mins)
In this video blog, I take a look at three recent cases which are Canada’s first efforts to permit therapy dogs into the courtroom. I then discuss why this is such a great idea, even if the legal reasoning in these cases could be criticized. If you enjoyed this post, do me a favour and share!TwitterFacebookGoogle+LinkedinTumblremail
Carter, The Assisted Dying Bill and Constitutional Remedies (15mins)
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 …
Bill C-246: Amendments to Canada’s Cruelty to Animals Provision (35mins)
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 …
Duffy, Wright and the Parliament of Canada Act (10mins)
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 …
R vs Barabash, Child Pornography and the Private Use Exception (10mins)
In this video blog, I consider the Supreme Court of Canada’s recent decision in R v Barabash, 2015 SCC 29. In addition to explaining the decision, I consider some of its ramifications for the possession of child pornography. If you enjoyed this post, do me a favour and share!TwitterFacebookGoogle+LinkedinTumblremail
Canadian Perspectives on Animals and the Law (10mins)
In this V-Blog, I talk about my latest book, Canadian Perspectives on Animals and the Law, which is arriving at my office any day now. I discuss my rationale for producing the book, the inspiration for it, and what I hoped to accomplish through the two years of effort that went into its publication. To learn more about the book, …
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