Articles

About ArticlesLes articles ci-dessous sont publiés par la Section de la justice pénale de l'Association du Barreau de l'Ontario. Les membres sont invités à soumettre des articles.  A propos des articles.

Rédacteurs : Daniel Goldbloom

Aujourdʼhui
Aujourdʼhui
Can an Unsympathetic Accused Kill “Pre-Emptively” Under the New Self Defence Provisions?

Can an Unsympathetic Accused Kill “Pre-Emptively” Under the New Self Defence Provisions?

  • 18 juin 2014
  • Ryan Handlarski

Ryan Handlarski reviews the defence of self-defence prior to and post the recent amendments to the Criminal Code. He focusses on a difficult area of the law – an area that cuts to the core of our duties to defend the rights of innocent individuals – no matter how unsavoury they may be. Mr. Handlarski makes a convincing argument that the law has changed and for the better.

Justice pénale
June 2014 Appeal Court Review

June 2014 Appeal Court Review

  • 17 juin 2014
  • Paul Calarco

Senior defence counsel Paul Calarco continues his review of the Appeal Court's most interesting and relevant decisions for the month of June 2014.

Justice pénale
The 6 Word SCC Review

The 6 Word SCC Review

  • 17 juin 2014
  • Vincenzo Rondinelli

Struggling to find time to read recent Supreme Court of Canada judgments? Vincenzo Rondinelli has condensed the latest SCC judgments to bite-sized consumption – 6 words to be exact – to keep you up to date. Here’s the latest instalment for the month of June, 2014.

Properly Tendering Judicial Documents in a Trial

  • 09 juin 2014
  • Emily E. Marrocco

Emily Marrocco reviews the law associated with the proper tendering of public and judicial documents in a criminal trial. She notes the provisions of the Canada Evidence Act and the common law. This is a very technical area of the law and very challenging for junior counsel and senior counsel alike. Ms. Marrocco takes a challenging topic and makes it easy.

Justice pénale
The 6-Word Supreme Court of Canada Review

The 6-Word Supreme Court of Canada Review

  • 21 mai 2014
  • Vincenzo Rondinelli

Struggling to find time to read recent Supreme Court of Canada judgments? Vincenzo Rondinelli has condensed the latest SCC judgments to bite-sized consumption – six words to be exact – to keep you up to date. The SCC has been rather busy with other matters recently - so there is only one judgment this month - but it is very relevant.

Justice pénale
Standing and Privacy Rights: Section 8 Applications in a Nutshell

Standing and Privacy Rights: Section 8 Applications in a Nutshell

  • 21 mai 2014
  • Erin Pancer

Erin Pancer reviews the test for standing and privacy related issues in bringing section 8 applications. She also updates us on the law and informs us on a recent debate brewing in the Ontario Superior Court. We have secured her promise to keep us updated once the Ontario Court of Appeal clarifies the area dealing with text messages and other people's cell phones.

Bill C- 26: The Long Overdue Harmonization of Canada's Self-Defence Law

Bill C- 26: The Long Overdue Harmonization of Canada's Self-Defence Law

  • 20 mai 2014
  • Arghavan Gerami and Corri Longridge

The self-defence provisions of the Criminal Code have created challenges for judges, lawyers, and juries for years. With Bill C-26, the law has finally been made more user-friendly for all justice system participants while retaining the essential elements of this important defence. This paper outlines Bill C-26's path to the new self-defence law of Canada.

Justice pénale
May Appeal Court Review

May Appeal Court Review

  • 20 mai 2014
  • Paul Calarco

Senior defence counsel Paul Calarco continues his review of the appeal courts’ most interesting and relevant decisions for the month of May 2014.

Justice pénale