Martial Laverdure a été accusé de conduite dangereuse ayant causé la mort. Il a frappé un piéton qui quittait une partie de hockey. Il roulait à environ 60 km / h dans une zone de 50 km / h. Le juge de première instance a conclu que la conduite était dangereuse, en...
Martial Laverdure was charged with dangerous driving causing death. He hit a pedestrian who was leaving a hockey game. He was driving approximately 60 km/hr in a 50 km/hr zone. The trial judge found that the driving was dangerous, particularly given the higher than...
In one of New Brunswick most high profile criminal cases, Dennis Oland was convicted of second-degree murder in December 2015 of his father Richard Oland. Oland was sentenced to life in prison and no chance of parole for 10 years. Oland appealed the decision and was...
Police officers are tasked with protecting our community. They are entrusted with special authority to conduct their duties and their authority hinges on the public's confidence that they will do so to the best of their ability and within the limits of the law. For...
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...
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...
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. The American police had...
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. In that case, two...
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...
The Police aren't always eager to return firearms after a person has been convicted. A recent Ontario Court of Appeal decision highlights the difficulties an individual can face in getting his or her guns back after pleading guilty. Andrew Shia is an avid hunter. He...
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