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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.


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

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