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Neuberger Rose


The Neuberger Rose Criminal Law Advisor, by leading defence counsel David Rose, provides expert analysis on current issues of interest to criminal practitioners across Canada. It features highlights of key legislative developments, case comments and summaries of trial level decisions covering a wide range of matters including the Charter, forensic and electronic evidence. The newsletter is published on a monthly basis.

Excerpts from Newsletter 2010-02 – Read the latest newsletter 

(the full version is available to CriminalSource subscribers). 

Headlines

The Supreme Court clarifies the rules on Summary Conviction proceedings.

 

The Ontario Court of Appeal knocks a judge who refuses to incarcerate a grow operator and expresses personal frustration with the war on drugs.

 

When the accused reasonably believes she has no privacy in consulting counsel there is a breach under s. 10(b).

 

Another post C-2 decision ordering enhanced disclosure of Intoxilyzer materials. The defence is not embarking on a fishing expedition.

 

 

Selected Case 

 

The accused had been charged with Fraud Under $5000, and Uttering a Forged Document, and the Crown had elected to proceed summarily. On the day marked for a guilty plea, defence counsel moved to dismiss the Information on the basis that the Information was sworn more than 6 months after the delict. The Crown had tried to re-elect to proceed summarily but the Court dismissed the Information as a nullity. The Alberta Court of Appeal had allowed the Crown appeal, holding that the original Information was valid, and that the Crown could "re-elect" in the circumstances. The Supreme Court dismissed the accused's appeal, saying that when it is discovered before adjudication that the Information does not conform to the 6 month limitation period, a mistrial must be declared if the parties do not consent to waive the limitation period: R. v. Dudley (2009), 2009 SCC 58, 2009 CarswellAlta 2058, 2009 CarswellAlta 2059 (S.C.C.)

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