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

On behalf of Edelson Clifford D'Angelo Friedman LLP posted in Criminal Defense 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 Clifford D'Angelo Friedman LLP posted in Criminal Defense 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 Clifford D'Angelo Friedman LLP posted in Criminal Defense 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 Clifford D'Angelo Friedman LLP posted in Criminal Defense 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) […]

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