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CBA Criminal Law Section

CBA Criminal Justice Section articles are published under the banner Voir Dire. Members interested in posting articles are encouraged to send them to the Section’s editors.


Gladue factors and judicial interim release

  • September 11, 2017
  • Gabriel Sandstrom

In December of 2015, the Truth and Reconciliation Commission released its official report, including 94 calls to action “to redress the legacy of residential schools and advance the process of … reconciliation” in Canada’s relationships with Indigenous peoples.

Aboriginal Law, Criminal Justice

Case summary: Québec (Criminal and Penal Prosecutions) v Jodoin

  • June 09, 2017
  • Kelly Labine

On May 12, 2017, the Supreme Court of Canada gave its decision in Québec (Criminal and Penal Prosecutions) v Jodoin, 2017 SCC 26 (36539). The appeal concerns the scope of the court’s power to award costs against a lawyer personally in a criminal proceeding.

Criminal Justice

Case summary: R. v Folker

  • May 04, 2017
  • Michael King

In January 2016, the Newfoundland and Labrador Court of Appeal heard an appeal from conviction in the case of David Folker. Mr. Folker was charged with second degree murder in relation to the death of his common-law wife and mother of his son. A jury convicted him on Nov. 18, 2013.

Criminal Justice

Joint criminal enterprise exception to the hearsay rule

  • May 02, 2017
  • James A. Gumpert, Q.C.

The co-conspirator’s exception to the hearsay rule permits acts and declarations of co-conspirators to be admitted against all those charged with the offence of conspiracy. This rule applies when the accused is in fact charged with the offence of conspiracy to commit a criminal offence.

Criminal Justice

Case summary: Joint submissions and Anthony-Cook

  • January 18, 2017
  • Kevin B. Westell and Catherine Rose

In R. v. Anthony-Cook, 2016 SCC 43, the Supreme Court of Canada articulates the standard that should be employed by a sentencing judge when considering whether to depart from a joint submission.

Criminal Justice

Manitoba court finds limitations on credit for custody unconstitutional

  • November 14, 2016
  • Tony Cellitti

Earlier this year, the Manitoba Court of Appeal released its long-awaited decision in R. v. Kovich, R. v. Bittern regarding the constitutionality of section 719(3.1) of the Criminal Code, a provision that provides two limitations on the granting of enhanced credit for pre-sentence custody.

Criminal Justice

R. v. Jordan: Meet the new test, same as the old test

  • October 19, 2016
  • Jody Berkes

In R. v Jordan, the Supreme Court of Canada changed the analysis of the right to trial within a reasonable time enshrined in s. 11(b) of the Charter. The majority set out the new test in response to two decades of 11(b) litigation which had become “…too unpredictable, too confusing, and too complex. It [the 11(b) litigation] has itself become a burden on already over-burdened trial courts.” (Jordan, para 38).

Criminal Justice

Not just a bystander

  • October 12, 2016
  • Heidi Schedler

Sexual harassment and sexual assault within the legal profession are happening far more often than most of us likely want to admit, writes WLF Co-Chair Heidi Schedler. And everyone in the profession has an obligation to make it stop.

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