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Posts tagged "appeal"

ONCA Puts an End to Sentence Splitting

Section 732(1) of the Criminal Code allows an offender to serve an intermittent sentence if the sentence imposed is 90 days or less and the Judge deems it appropriate. In determining if an intermittent sentence is appropriate, the court looks at the age and character of the offender, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence. The courts commonly impose intermittent sentences, to be served on weekends, when an offender is gainfully employed during the week.

UNREASONABLE DELAY: SUPREME COURT OF CANADA'S NEW DECISION

In a bold move, Justice Moldaver, writing for the majority of the Supreme Court, has radically altered the analysis for trial courts deciding whether delays in completing trials are unreasonable. In a rare move, the Court departed from precedent. Justice Moldaver wrote that the traditional framework developed in the 25 years since Askov, [1990] 2 S.C.R. 1199, "has given rise to both doctorial and practical problems, contributing to a culture of delay and complacency towards it".

Court of Appeal releases decision on extradition in internet luring case

The Court of Appeal of Ontario recently released a judgment in an extradition case involving a deportation order to the United States against a man alleged to have committed charges of internet luring, child exploitation and child pornography. 

Private Use Defence to Child Pornography Considered by Supreme Court of Canada

A person charged with possessing or making child pornography can raise what is known as a "private use exception" as a defence.  The limits of this defence were recently considered by the Supreme Court of Canada in the case of R. v. Barabash.

Launching a Criminal Appeal: What you Need to Know

Losing a case is a tough pill to swallow.  The initial reaction of most people is to want to appeal the decision right away.  Before heading down that path, however, it is important to know what you are getting into.  Here is an overview of the most important issues that you need to be aware of.

London Mayor Joe Fontana convicted of Fraud and Breach of Trust

Last month the Ontario Superior Court of Justice Bruce Thomas found London Mayor, Joe Fontana, guilty of three criminal charges: fraud under $5,00, uttering a forged document, and breach of trust. Mr. Fontana will return to court later this month, on July 15, to be sentenced, but he has already stepped down as mayor following the convictions.

R v Spencer: Internet Anonymity Protected by Supreme Court

Last week the Supreme Court of Canada ("SCC") released a decision in a case called R v Spencer with the court upholding internet user's anonymity. The law now requires police officers to get a search warrant before being able to get a user's information from their ISP ("Internet Service Provider"). Prior to this judgment, ISPs would provide police forces with user information tied to an IP address upon a request without a warrant or court order. The SCC ruled that Canadians have a reasonable expectation of privacy associated with their internet use. The SCC also confirmed that the Charter-protected right against unreasonable searches is engaged when police attempt to obtain user information matching an IP address.

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Posts tagged "appeal" | Ottawa Criminal Law Blog