Open

Upon arrest, can the Police search your...

More and more information from your cell phone can be used against you at a criminal trial. The Supreme Court of Canada in R v Fearon (2014) ruled that the police can conduct a limited search of a cellphone and similar devices after a lawful arrest as long as certain criteria (discussed below) is met. Searching a cellphone upon arrest touches on section 8 of the Charter of Rights and Freedoms. Section 8 of the Charter gives everyone the right to be secure against unreasonable search or seizure. In all section 8 cases, the Supreme Court of Canada is trying to strike a balance between the need for police to investigate crime and the public’s right to be left alone by the state. Only unreasonable searches or seizures are prohibited, reasonable ones are permissible under the law. The Supreme Court of Canada in R v Collins…

18 Aug 2016

#wrongfullyconvictedwednesday Robert...

17 Aug 2016

  Robert Baltovich spent 18 years trying to prove that he did not murder his beloved girlfriend. Robert Baltovich was wrongfully convicted of killing his girlfriend.…

Is it a Crime to Write on Money?

16 Aug 2016

It is not illegal to write on bank notes in Canada. There are prohibitions, however, on reproducing a current Canadian bill electronically. The question of whether it is illegal or…

What is a First Appearance for a Criminal...

11 Aug 2016

It is wise for the accused to understand what to expect at their first court appearance. What happens at the first appearance at court for a…

#wronfullyconvictedwednesday Kyle Unger

10 Aug 2016

When Kyle Unger was only 19 years old he was wrongfully convicted of sexual assault and murder.   When Kyle Unger was only nineteen years old…

Is it a Crime to Sleep in Your Car?

9 Aug 2016

  In some circumstances you could be charged with a criminal offence for sleeping in your car. Sleeping in your car could be a crime. Determining…

Court Makes Rare Finding of Racial Profiling

8 Aug 2016

The Honourable Justice Charney of the Superior Court of Justice recently rereleased his decision in the matter of R. v. Beverly O’Grady and Jeffrey Ferguson-Cadore. A report from Wendy Gillis…