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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.


Entrapment: Who's policing the police?

  • November 06, 2014
  • Harout Haladjian

In Canada, entrapment is not considered as a defence to a criminal accusation. Entrapment is not a justification or an excuse to a crime. To the contrary, entrapment can only be raised once the accused is found guilty.

Criminal Justice

Crown liability for damages under the Charter

  • November 02, 2014
  • James Gumpert

The Supreme Court of Canada will soon be hearing an appeal involving the issue of what the threshold is for grounding liability against the Crown in a public law suit based on a breach of an accused’s Charter rights by a Crown Attorney.

Criminal Justice

Ontario Court of Appeal rules intoxication a defence to arson

  • June 15, 2014
  • Ian Carter

People put themselves at the risk of setting more than they planned on fire every time they turn on the stove or light a candle, especially if they do it while drunk. And when things do go up in smoke, the question is: was it arson?

Criminal Justice

The SCC and Gladue: Fifteen years later, what progress?

  • April 15, 2014
  • C.C. Barnett and B. William Sundhu

When the SCC handed down its Gladue decision in 1999 it intended to right a wrong: the long-standing lack of regard for the essential differences between the lived experience of Aboriginal Peoples and those of people from other backgrounds.

Criminal Justice

How to conduct an effective oral argument in a court of appeal

  • April 15, 2014
  • James Gumpert, Q.C.

An appeal court is a whole different ball of wax for trial lawyers, Gumpert says. It’s all about establishing a conversation with the panel judges – so don’t plan for your argument to take up all your allotted time.

Criminal Justice