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Criminal Defence Law Blog

BILL C-75 – There are good reasons why the proposed amendments to the Criminal Code are contentious. They are all bad ideas that won’t work as they expect.

Posted bywpengine 1 June 2019

A rundown of some of the particularly controversial changes the government may be considering

Source: From police evidence to jury selection, here’s where the Liberals are going with justice reform

Posted bywpengine1 June 2019Posted inUncategorized

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BAD CRIMINAL LAWS – A 16-year-old girl, “S.K.,” was convicted of child pornography charges for taking a video of herself performing a sex act and sending it to a few of her close friends. Unintended consequences. Unexpected issues. “A finding of guilt would be an attack on the autonomy and self-ownership of all young people.”
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R. v. Le – The Supreme Court of Canada has decided that when police officers entered a private back yard without permission just to see what’s going on and arrest a person in that backyard for possession of firearms, cocaine and cash, that the arrest and detention was illegal and so egregious that they excluded from evidence the items seized by police. This means that you can enjoy your backyard BBQ this summer without police intervention. You might have thought that was always the case but apparently, police didn’t.

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  • Credit also has to be given to JAMES LOCKYER for his tireless advocacy over many years to bring this to fruition.
  • Lawyers in England are refusing to represent some people because their legal aid system is insufficient to maintain a viable practice. The legal aid system in Ontario is similarly perpetually on the brink.
  • Since 1982 accused persons have had the right to a trial within a reasonable time. We’ve had the Askov, Morin and now the Jordan cases of the Supreme Court of Canada trying to ensure that right, with only limited success. So now the courts are stacking cases on top of other cases on their daily trial lists that have no possibility of being reached for trial on that date.
  • JUSTICE DELAYED IS JUSTICE DENIED – Every person charged with a criminal offence has the constitutional right to have their trial held within a reasonable time. Our Supreme Court has twice attempted to define what is reasonable through the cases of Askov and Jordan. The result has been decades of hundreds of cases being “stayed” from proceeding due to delay and further delays caused by the complex application procedures required to assert that right. Nothing has changed. Simply demanding that the trial process proceed expeditiously doesn’t work.
  • WHO IS RESPONSIBLE FOR OUR BAIL SYSTEM? – The federal government enacts the criminal code. The province applies it. The province builds and owns the courts. The province hires the Judges, the Justices of the Peace, the Crown Attorneys and court staff.
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