To Cooperate or Not to Cooperate; What are the consequences?

In December, 2015, the Court of Appeal of Ontario relaxed their judgement in R. v. Araya. The accused had been convicted of manslaughter. The ultimate issue to be decided at the Court of Appeal was whether the accused’s lack of co-operation with the police investigation Read More …

Supreme Court of Canada Reinstates Longer Jail Term – Impaired Driving Causing Death.

The Supreme Court of Canada just released  R. v. Lacasse, overturning the Quebec Court of Appeal’s decision to reduce the sentence of six and a half years imprisonment to four years in jail. The Supreme Court restored the six and a half year prison term Read More …

Warrantless Searches of a Condo Complex

In R v White, the Court of Appeal recently endorsed the trial judge’s finding that investigators overstepped constitutionally permitted boundaries in entering a condo building with a controlled entrance to make observations and gather evidence against a suspected drug trafficker. Police entered the condo on Read More …

E-Bikes

E-bikes represent a cost-effective and environmentally friendly means of transportation.  Since October 2009 the government of Ontario has permitted the use of e-bikes on public roadways.  Despite the increasing appeal of these vehicles the public are confused about the law relating to e-bikes.  This article Read More …

Should the spousal incompetency rule be extended to apply to common law spouses?

In the recently released decision of Nguyen, the Court of Appeal had occasion to consider whether the spousal incompetency rule applies to common law spouses. Despite the fact that individuals have a Charter protected right to be free from discrimination based on marital status, the Read More …

Denied Reasonable Bail Without Just Cause

The recently released decision in R. v. Doyon reinforces the importance of an accused being released from custody on reasonable terms after being charged with a criminal offence. The accused was charged with impaired operation and over .08. She had no previous criminal record and Read More …