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Archive For Entries On Criminal Procedure

R v Rogers Communications: Some Guidelines for Big Brother

In R v Rogers Communications, 2016 ONSC 70 [Rogers], Justice John Sproat of the Ontario Superior Court of Justice provided some much needed guidance to police and issuing justices when handling production orders for “tower dumps.” Sought by investigators through a court order, tower dumps occur when a telecom company is compelled to provide the […]

BC Court of Appeal Upholds a Reasonable Expectation of Privacy in a Text Message: R v Pelucco

Relatively recent advances in technology and surveillance powers raise new questions about expectations of privacy that an individual may have in regards to that technology. For example, courts have held that individuals have a high expectation of privacy in their own homes, as the oft quoted line from Semayne’s Case, 77 Eng Rep 194; 5 […]

Is the New NCR Defense Law Too Little, Too Late?

Murder in Shoppers Drug Mart An apparently random stabbing amid the hustle and bustle of Christmas shoppers and downtown professionals stunned the City of Toronto. Rosemarie Junor was making a quick midday stop at a Shoppers Drug Mart when she was brutally attacked by an unknown assailant who left a grave knife wound through her […]

Breaking New ‘Tertiary’ Ground? Marco Muzzo in the Shadow of St. Cloud

By now we have all heard the story of three children and their grandfather killed in a car accident in Vaughan, ON on September 27th due to the actions of an alleged drunk driver. The heart wrenching public statements made by a father who must bury all of his children and a mother who lost both […]

Youth Sentencing and The Death of Officer Garrett Styles: Punishing with a Cause?

Within a few weeks, Ontario Superior Court Justice Alex Sosna will deliver his sentence in one of the most prolonged and closely watched youth offender cases in Canadian history. He will have to decide the appropriate punishment for a now 19-year-old whose actions led to the death of a York Regional Police constable over four […]

Rogue Juror? R v Pannu and Protecting Jury Deliberation

The film 12 Angry Men is a classic representation of the diverse personalities that come together on a jury and the challenges of reaching a consensus. In it, we see how group dynamics constantly evolve as the jury struggles to meet their obligation of delivering a sound verdict. Last week, the Court of Appeal for […]

R v Crevier: Police Informants and the Balancing Act of Challenging Warrants

Police representatives often speak about the difficulties of soliciting information from the public about crimes that have taken place. Fear and a “don’t snitch” culture are common explanations for why this problem exists. In 2009, Kenneth Mark was gunned down after testifying as a witness in an attempted murder trial. His tragic story is a […]

A TheCourt.ca Exclusive Interview: R v Spencer One Year Later

A New Hurdle To Protecting Our Children? A Perspective from the Toronto Police Internet Child Exploitation Unit Last year, TheCourt.ca published two key articles about the Supreme Court of Canada’s landmark ruling on Internet privacy. See Jordan Casey’s summary here and Stuart Wood’s analysis here. After its release, R v Spencer, [2014] 2 SCR 212 [Spencer] […]

R v Rodgerson: How to Instruct a Jury on Post-Offence Conduct

The Facts In 2008, Jason Rodgerson met Amber Young at a bar in Oshawa. According to Rodgerson, after consuming alcohol and ecstasy together, he and Young engaged in consensual sex at his home. Rodgerson then lost interest in Young and wanted to return to the bar. Tensions escalated when Young asked to be compensated for […]

A Prosecution “Littered With Errors”: Drugs and Guns in R v Shia

In R v Shia, 2015 ONCA 190 [Shia], the Court of Appeal for Ontario considered an appeal from a finding of guilt and an absolute discharge from a drug-related offence. Interestingly, the prosecution included a number of errors, with some attributable to every party involved, including the presiding justice. In a short and incisive decision, the Court […]