Robson Crim Legal Blog

Javanmardi first opened naturopathic clinic in 1985, and since 1992 has administered nutrients to around 10 patients per week by intravenous injection. In June 2008, Matern, an 84-year-old man with heart disease visited Javanmardi. After a consultation, Javanmardi recommended intravenously administered nutrients.

On March 30, 2013, the appellant, in this case, was arrested by the police. The appellant was subject to a lawful traffic stop for improper display of a temporary licence plate where the police conducted a search of his vehicle and found drugs. The appellant was charged with possession of cocaine and ecstasy for the purpose of trafficking and possession of the proceeds of crime.

Canada is currently undergoing a huge shift in demographics. In the early 1970’s, people aged 65 and over made up just over 7% of the population. By 2030, it is estimated that this age group will make up a whopping 23% of our population. As individuals live longer, and the number of Canadians living with dementia increases, it is important that Canadian courts pay particular attention to the protection of this rising population of vulnerable people.

Canada is a free and democratic society. Every Canadian is afforded protection of a number of rights and freedoms under the Canadian Charter. However, the administration of criminal justice often infringes upon these rights, particularly the right to liberty. Through both statute and common law, police are afforded the power to enforce order through lawful detention of individuals to promote the safety of Canadian society.

R v Grant was a case that outlined how to determine psychological detention and changed the analysis of evidence exclusion based on section 24(2) of the Charter. The recent Supreme Court case R v Le considered similar issues. This blog will look at the two cases, consider the similarities, and determine why the two cases had different outcomes.