R v Bulldog (ABCA): Admissibility of video recordings
CCTV camera In R v Bulldog, 2015 ABCA 251, the Alberta Court of Appeal provided useful guidance on the evidence necessary to introduce video recordings at trial. The court's reasoning can likely be applied to other pieces of demonstrative evidence, such as audio recordings and photographs. The case concerned an inmate-on-inmate assault which had [...]
R v Paris (ABCA): Lengthy warrant execution window to maximize chance of drug seizure did not make the warrant “anticipatory”
A search warrant for a residence was granted under the Controlled Drugs and Substances Act ("CDSA"), section 11. The warrant was to search for cocaine, money, weigh scales and other drug trafficking paraphernalia. The warrant permitted execution over a 48-hour period. In the information to obtain ("ITO") sworn in support of [...]
R v Gibson (ABCA): Two year sentence for impaired driving causing death was inadequate
In this case, the Court of Appeal upheld the decision of a sentencing judge to reject a joint submission for a two year sentence for an accused convicted of impaired driving causing death and upheld the sentence imposed of two years and eight months; noting, however, that a sentence of [...]
R v Fedossenko (ABCA): Production orders can be granted on reasonable suspicion of an offence
NOTE (added Feb. 3, 2015): Amendments to the Criminal Code which take effect on March 9, 2015 contain provisions relating to the issuance of production orders which differ from the provisions of the Code discussed in this case: See Bill C-13: Protecting Canadians from Online Crime Act (2013-2014) Passed October 20, 2014, 41st Parliament, 2nd [...]