The SCC has laid down new protocol for judges when handling cases dealing with tainted evidence in the four companion cases of R. v. Grant, 2009 SCC 32, R. v. Suberu, 2009 SCC 33, R. v. Harrison, 2009 SCC 34 and R. v. Shepherd, 2009 SCC 35 released recently. The decisions in these cases are predicted [...]

On Friday the Supreme Court of Canada released judgments in four eagerly awaited criminal Charter cases: R. v. Grant, 2009 SCC 32; R. v. Harrison, 2009 SCC 34; R. v. Shepherd, 2009 SCC 35; and R. v. Suberu, 2009 SCC 33. Although much of the media coverage has focused on the results, ultimately the Court [...]

We are coming up on one full year since the Supreme Court heard the appeals for R. v. Grant and R. v. Shepherd, which — along with R. v. Harrison (also awaiting judgment) — represent a holy triptych dealing with the admissibility of unconstitutionally obtained evidence under section 24(2) of the Charter. Grant and Shepherd [...]

Undeniably, December is a busy time for those of us within the law school environment. As a helpful review for the students across the country, who like myself, are anxiously preparing to write a Criminal Procedure exam, I thought I’d offer the details of a Saskatchewan criminal law case scheduled to be heard before the [...]