Robson Crim Legal Blog

Automatic right to appeal not unconstitutional for youth despite such right existing for adults, SCC finds. By Nikki Boggs In R. v. C.P., the Supreme Court of Canada denied a youth’s automatic right to appeal a conviction finding that the legislation is constitutional. Although a decision such as this is not a-typical for the highest court in Canada, what is difficult to accept is the split amongst the Justices. There was a 5/3/1 divide on the constitutional question raised b

278 Applications for Production by: Alanah Josey Associate Lawyer Pressé Mason Barristers and Solicitors Bedford, Nova Scotia In s 271 prosecutions, production of third party records is typically governed by s 278 of the Criminal Code, which replaced the common law regime established in the O’Connor decision. Applications for production involve a two-step process: disclosure to the court for review, and subsequently, production to the accused. The first issue is whether the r

An accused is considered for bail when the Crown and defence do not agree on release; a judge must then hear their arguments to decide on bail. The starting point for the decision to release on bail is that the accused ought to be released with no conditions unless proven to fulfill one of three criteria.[1] The Crown must demonstrate that release is ill-advised by showing that, (1) there is a risk that the accused will not attend court, (2) there is a risk of harm to public

The common law police powers are widely discussed at all levels of Court. A police officer’s actions will vary depending on a reasonable assessment of the circumstance and they must be allowed by law to make decisions in a swift manner. “Unnecessarily and unduly hampering police duties indirectly infringes the very rights that the Charter was enacted to protect”.[1] As well, the experience and knowledge of an officer is becoming an influential factor in times of rapid decisio