In this video blog, I examine the Supreme Court’s recent decision on litigation privilege in Lizotte v. Aviva Insurance Co., 2016 SCC 52. The blog reviews the decision and explains what it does for the privilege, and then considers four big questions that emerge in light of the judgment.
Most lawyers believe that the privilege against self-incrimination in proceedings where a witness is not on trial is completely encapsulated in section 13 of the Charter of Rights and Freedoms. I don’t believe this to be true. In this video blog, I explore a critical situation in which section 13 does NOT provide protection while section 5(2) of the CEA …
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.
In this video blog, I examine the decision of the Saskatchewan Court of Appeal in R v Alsager, 2016 SKCA 91. The decision raises a number of interesting mens era issues (issues concerning the mental elements of offences) and is a useful judgment to show how confusing some of these can be to consider!