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R. v. Marakah: Received text messages and your reasonable expectation of privacy

On behalf of Edelson & Friedman LLP posted in Criminal Defence on August 22, 2016.

The Court of Appeal for Ontario has recently ruled that once a text message has been sent and received then it is no longer considered private. In R. v. Marakah, the Court had to determine whether text messages should be excluded from evidence at trial under s. 24(2) of the Charter.[1] These text messages included […]

Carter v. Canada: Canadian Criminal Law and Medically Assisted Dying

On behalf of Edelson & Friedman LLP posted in Criminal Defence on August 10, 2016.

On February 6, 2015, the Supreme Court of Canada, in a landmark unanimous decision, declared that “prohibition on physician-assisted dying infringes the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice.”[1] The case of Carter v. Canada, was a drastic shift […]

The Effects of R. v. Jordan on Unreasonable Delay and the Right to Trial within a Reasonable Time

On behalf of Edelson & Friedman LLP posted in Criminal Defence on July 30, 2016.

The Canadian Charter of Rights and Freedoms states that “any person charged with an offence has the right… to be tried within a reasonable time”.[1] When determining whether a trial has been unreasonably delayed, the courts have always had to balance society’s interest in pursuing charges to maintain the publics’ confidence in the justice system, with […]

The Growing Problem of Overcrowding in Prisons and Pre-trial Custody in Canada

On behalf of Edelson & Friedman LLP posted in Criminal Defence on July 22, 2016.

It is no secret the Canadian prisons are overcrowded. In fact, some prisons, such as the Ottawa-Carleton Detention Centre, had been using shower stalls to hold inmates due to lack of space. The Canadian Charter of Rights and Freedoms states that every person should be free from having their life, liberty and security (of person) […]

Fix the cause of jail’s woes, not the jail

On behalf of Edelson & Friedman LLP posted in Criminal Defence on April 9, 2016.

There is an old Yiddish parable about the notoriously foolish elders of the small town of Chelm. These “wise men,” the story goes, were confronted with the vexing problem of the town’s dilapidated bridge. The townspeople would come to the elders regularly, with complaints and reports of injuries galore. The elders, upon hearing these complaints, […]

After Ghomeshi case, is more legal advice really what victims need?

On behalf of Edelson & Friedman LLP posted in Criminal Defence on March 25, 2016.

Earlier this month, the Ontario government launched the Independent Legal Advice for Sexual Assault Survivors Pilot Program. The program pays lawyers to provide as many as four hours of free legal advice to sex assault complainants to help them “make informed decisions about their next steps.” The government will pay these lawyers $136/hour, which, as […]

Linking Mitic’s gun love to crime a misfire

On behalf of Edelson & Friedman LLP posted in Criminal Defence on March 16, 2016.

One dark and rainy evening, a police officer came across a drunk man, fumbling on his hands and knees underneath a streetlamp. When the policeman asked him what he was doing, the inebriated fellow responded that he was looking for his keys. Happy to help, the policeman joined in the search. After a few minutes […]

The numbers contradict Ghomeshi case rhetoric

On behalf of Edelson & Friedman LLP posted in Criminal Defence on February 7, 2016.

“Sexual assault cases are notoriously difficult to prosecute.” “Those cases that are prosecuted rarely result in convictions.” “Three quarters of all such charges are ultimately dismissed.” Judging by the recent media flurry surrounding the prosecution of former CBC radio host Jian Ghomeshi, each of the above statements is nothing less than the unequivocal, gospel truth. […]

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