BLOG2019-07-15T17:55:15+00:00

COVID-19 Cripples International Money Laundering

With the worldwide economic shutdown, dirty money is piling up with nowhere to go. During April, police agents made three significant seizures of more than $1 million in alleged drug proceeds. According to top drug officials, the reason for such large a large surplus of cash is directly related to COVID-19 - trade-based money laundering systems that many drug organizations use to repatriate and move money has slowed due to the shuttered economy.

May 5th, 2020|

Growing Number of Accused’s Being Released Due to COVID-19 Fears

Extraordinary times have called for extraordinary measures. A growing number of prisoners are being released from remand centers across the country while awaiting trial. Though courts have all but shut down, except for emergent matters, detainees who were otherwise not suitable candidates for bail are bringing successful bail applications due to the threat of COVID-19 in our jails and prisons.

April 22nd, 2020|

Making Use of a Diary or Journal at Trial

Diaries or journals kept by a person are often subject to the statutory provisions contained in the third-party records section of the Criminal Code at s. 278.1. The definition of what is a third-party record should be held in circumstances in which the diary or journal has possible relevance to one of the proceedings set out in s. 278.2 of the Criminal Code.

April 16th, 2020|

Aunt Becky Wants Her Fraud Charges Tossed

Lori Laughlin and 13 other parents charged in the college admissions scandal have asked a judge to dismiss the bribery, fraud and money laundering charges. Lawyers are arguing that the federal prosecutors in Boston violated their client’s rights and broke long-held judicial rules by withholding for 16 months notes taken by the scam’s admitted ringleader, William “Rick” Singer.

April 13th, 2020|

Domestic Violence During Coronavirus Pandemic

We have been instructed by health officials and politicians that home is the safest place to be while the COVID-19 pandemic rages across the world. But for many, home is a place of violence and fear. Self-isolation forces victims of domestic violence and their children into a much more dangerous environment – being locked in a house with their abuser.

April 7th, 2020|

Supreme Court Tells Drivers to Slow Down

The Supreme Court of Canada recently found that excessive speeding, even momentarily, can be a departure from a reasonable standard of care. Essentially, the Supreme Court is telling drivers across the country that even when briefly passing a semi-truck on a rural highway, it can establish the mens rea for dangerous driving.

April 3rd, 2020|

But I’m Waiting for My Lawyer to Call Back!

There has been significant debate in Provincial Court over the extent of police obligations to facilitate access to counsel. There is no set rule for what police must do and as with so much in criminal law, the factual matrix will determine the reasonableness of steps taken.

April 2nd, 2020|

No Secondary Right to Counsel for DRE Screening and Urine Sample

Being pulled over for impaired driving or DUI is stressful. In cases where a detainee is accused of impaired driving as a result of drugs, police will conduct a Drug Recognition Evaluation (DRE). Given the power imbalance between detainee and police, the right to counsel is highly important before submitting to such tests.

March 30th, 2020|

How to Beat a Refusal Charge

Impaired driving is unique in that it is the only criminal offence in which you are forced to provide evidence against yourself and if you don’t, you will be charged with refusing to provide a sample of breath. When an individual is pulled over by the police on the side of the road, there is a significant power imbalance. Essentially, the police hold all the cards. There is little you can do other than follow along and comply with whatever the officer tells you to do, whether they are right or wrong. 

March 24th, 2020|

Witness Protection Records Ordered to be Produced

In a recent Alberta Court of Queen’s Bench case, the Court grappled with the issue of production of records related to a witness in a murder case who was accepted into the Federal Witness Protection Program (WPP), which was established under federal statute.

March 23rd, 2020|

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