Here’s what your Section is up to in 2020!

The Section Executive is working hard to deliver an innovative conference, hosting webinars, articles and is involved in ongoing projects. Here’s a glimpse of what we have to offer this year.

Register now!

The CBA Criminal Justice Conference is taking place April 25, 2020 (Vancouver, BC). The program will cover detention, search, interrogation, disclosure and more! Check out the agenda and register!

Upcoming webinars:

• Bill C-46: Impaired Driving Overhaul (March 5, 2020)
• Criminal Justice in the North (March 10, 2020)

Want to get published?

Have you considered contributing a member article to Voir Dire? Read the most recent member article: Impaired driving cases surrounded by uncertainty one year after Bill C-46 took effect. If you are interested, send your article to our Section Editor.

Advocacy highlights

• Contributed to a letter from CBA President to Justice Minister David Lametti, congratulating him on his reappointment and highlighting key issues.
• Sponsored a resolution to the CBA 2020 Annual General Meeting, calling for more clarity on the Constitutional Independence of the Attorney General. Join the online debate! Register now for the AGM!

Current projects

Non-conviction records

At the 2019 AGM, the Section proposed a resolution on the Disclosure of Non-Conviction Records, calling for a more uniform approach when police forces respond to requests for criminal record checks. The resolution was passed and as a follow up, the Section is working on tools to equip members in various CBA Branches to advocate for a more consistent approach to the release of these records.

National Inquiry into Missing and Murdered Indigenous Women and Girls

The Section is part of a CBA working group that is developing a response to the National Inquiry’s Calls for Justice. While supportive of the underlying goals of the report and the Calls, the Section will put forward alternative approaches to achieve those goals if members’ legal experience suggests that the proposed approach may not be effective. The submission will be finalized soon.

Bill C-75 update

The Section has made several submissions regarding Bill C-75, Criminal Code and Youth Criminal Justice Act amendments (April 2019).

• This bill received Royal Assent June 21, 2019, resulting in significant changes to the Criminal Code.
• On December 18, 2019, there were significant changes to the Criminal bail structure, including the creation of a new hearing type.

Things you need to know

• PTAs no longer exist.
• The requirement that an Officer in Charge approve peace officer release on conditions no longer exists.
• There are only two forms of release that peace officers may now use: the Appearance Notice and Undertaking.
• If peace officers wish to impose conditions, they must use the Undertaking in Form 10.
• There is only one form of court release, which is a Release Order in Form 11 and where a Surety is requested. There is a Declaration of Surety in Form 12.
• The Principle of Restraint is now legislated.
• Consideration must now always be given to the fact that an accused is Indigenous or vulnerable when determining whether detention or release is appropriate.
• Section 525 reviews are only conducted after 90 days; there is no delineation between Summary and Indictable files in this regard.