Articles

CBA Members

Voir
Dire

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.

Editors: Kathryn Pentz and Jim Gumpert

Today
Today

Report on the 2017 Uniform Law Conference

  • June 18, 2018
  • The Uniform Law Conference of Canada was founded in 1918 to harmonize the laws of the provinces and territories of Canada, and where appropriate the federal laws as well.

Kevin Westell

Criminal Justice

An out-of-court option: The Alternative Measures Program

  • June 15, 2018
  • Joel M. Wonnacott

Joel Wonnacott, the P.E.I. Branch representative on the Criminal Justice Section, reviews the Alternative Measures Program that allows some matters to be diverted out of the criminal court system.

Criminal Justice

Guilty. Now what?

  • April 23, 2018
  • Lauren Shadley

When it comes to criminal trials, members of the public are often too focused on the issue of whether the accused is innocent or guilty. As a criminal defence lawyer, I have been more often drawn in by what happens at the end of the trial - the issue of sentencing.

Criminal Justice

The long arm of the law and extra-territorial recovery from fraud

  • April 23, 2018
  • Grace Hession David

Canada (Attorney General) v Georgiou, 2018 ONCA 320 is an interesting case from the Court of Appeal in Ontario which makes it quite clear that convictions for fraud in the United States and resulting orders for restitution and forfeiture will be enforced with dispatch.

Criminal Justice

Case Summary – R. v Anderson

  • January 18, 2018
  • Tony Cellitti

In R. v Anderson, 2017 MBCA 31, the Manitoba Court of Appeal was faced with a Crown appeal of a lower court sentencing decision on a charge impaired driving causing bodily harm, where the jail sentence imposed fell below the range of sentences that had been set by an earlier decision of the court.

Criminal Justice

Report on fall NAACJ meetings

  • December 22, 2017
  • Mark Knox, Q.C.

I was pleased to attend the meetings of the National Associations Active in Criminal Justice in Ottawa in September as a Canadian Bar Association representative. The NAACJ is a group of justice-oriented organizations whose goal is to contribute to sharing knowledge, information and values in relation to current and emerging criminal justice issues.

Criminal Justice

Is Rilling still good law?

  • October 04, 2017
  • Pierre E. Gionet

Indeed, in R. v. Rilling [1976] 2 S.C.R. 183, the Supreme Court of Canada ruled that the prosecution did not need to prove the lawfulness of the demand for a breath sample in order to avail itself of the presumption of accuracy found at the time in s. 237(1)(f), now in s. 258(1)(g) of the Criminal Code.

Criminal Justice