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R v Barbour (ABCA): Defence must show due diligence in communicating disclosure problems

By | 28/07/2017|

The appellant had been convicted of fraud, arising from a number of mortgage transactions. Relatives of the appellant had applied and been granted a number of mortgages, based upon false information.The trial judge had concluded that the appellant knowingly provided this false information relating to her relatives' mortgage applications to [...]

R v Vallentgoed (ABCA): Crown not required to disclose Intoxilyzer maintenance records

By | 16/11/2016|

The Criminal Code contains evidentiary presumptions relating to the accuracy of evidentiary breath tests. The only path to defend against this presumption is for the accused to raise a reasonable doubt on the issues of whether the instrument was malfunctioning or whether it was operated improperly. The materials which an [...]

R v Hajar (ABCA): Starting point sentence for “major” sexual interference

By | 03/10/2016|

In 2008, Canada's Parliament increased the age of sexual consent from 14 years of age to 16 years of age (with a close-in-age exception that allows for non-criminal sexual contact between children and by children with adults who are similar to their age). This change resulted in widely varying sentences for [...]

R v Canto (ABCA): Leave to seek retroactive application of Summers decision on pre-trial custody credit denied

By | 15/01/2016|

In 2009, s. 719(3) of the Criminal Code was amended to state that credit for time spent in pre-trial custody would be capped at a presumptive maximum of 1 day, per day of pre-trial custody. However, under s. 719(3.1), a sentencing court could grant 1.5 days for every day in custody [...]