Robson Crim Legal Blog

The case of R v McColman 2021 ONCA 382 involves the intersection of the power of police to pull drivers over, whether statutory or common law, and the intended target vehicle being on private property. In its decision, the majority of the Ontario Court of Appeal (“ONCA”) applied the Ancillary Powers doctrine(AP doctrine) to the police power and determined that neither the Highway Traffic Act (“HTA”) nor the common law authorized the police’s conduct.

The Dangers of a Parens Patriae Mindset in Youth Criminal Justice Proceedings By Hillarie Tasche.

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 before them, leaving a somewhat unsettled feeling on the strength behind the majority(ish) decision.

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.

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.