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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.


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.

CCCA, Civil Litigation, Criminal Justice and 3 more..., Labour & Employment, Military Law, Women Lawyers

R. v. Jordan – A new prescription for criminal justice delay

  • September 08, 2016
  • Tony Paisana

In R. v. Jordan, the Supreme Court of Canada totally revamped the test for s. 11(b) of the Canadian Charter of Rights and Freedoms. In a controversial 5-4 ruling, the court jettisoned central features of the Askov/Morin test in favour of a new system. In particular, for the first time, the court endorsed the concept of fixed ceilings for the amount of time that will be tolerated under s. 11(b), absent “exceptional circumstances.”

Criminal Justice

Police access to accused statements to the insurer

  • July 14, 2016
  • Brian A. Vail, Q.C.

Across Canada, drivers who get into accidents for which they may be liable for injury, death or damage look to their insurers to defend them for such civil claims. Auto policies require them to cooperate with the insurer, which almost always involves providing a statement about the accident. In a recent fatality case, police attempted to access the accused’s statement to his insurance adjuster and use it against him in a prosecution.

Criminal Justice, Insurance Law

Anatomy of a Trial 2016 - Recap

  • May 27, 2016
  • Eric V. Gottardi

As co-chair of the organizing committee for our annual in-person CPD program, I wanted to give everyone a quick update.

Criminal Justice

NAACJ meetings report

  • May 19, 2016
  • Mark Knox, Q.C.

I attended the Board of Directors meeting in November 2015 and March 2016, as well as the 40th anniversary reception of the NAACJ in Ottawa on November 25, 2015. The NAACJ is an organization of 19, and has a mission to enhance the capacity of members to contribute to a just, fair and equitable justice system.

Criminal Justice

R. v Ayangma and Scott

  • October 15, 2015
  • Scott Barry and Emily MacDonald

Scott Barry and Emily MacDonald of Stewart McKelvey in Charlottetown offer up this recent example of a police operation capturing drug dealers, and a court having to determine when the opportunity to commit a criminal offence was offered to the accused.

Criminal Justice

R. v Neville: Responding to jury questions

  • October 15, 2015
  • Michael King

Michael King, of Simmonds + Partners Defence in St. John’s, looks at the case of R. v Neville to discuss the question of judges’ responses to jury questions, and how thorough and on point they must be.

Criminal Justice