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Self-Incrimination & Section 5(2) of CEA

In Charter of Rights and Freedoms, Evidence Law, My picks, Privilege, Privileges and Immunities, Teaching Capsules, Trial Procedures by Peter Sankoff

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 …

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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 Sankoff

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 …

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Mike Duffy and the $90,000 Cheque – Part 3 (5mins)

In Case Comments, Case Comments, Criminal Law, Mental Elements by Peter Sankoff

My examination of the charges against Mike Duffy relating to the infamous $90000 cheque provided by Nigel Wright continues. In today’s video blog, which is Part 3 of an ongoing examination, I focus upon the final charge: bribery, and the challenges the Crown is likely to have in proving that count of the indictment.  In addition, I address another “lurking” question: …