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R. v. Kelly 2010 NBCA 89 – Accused Acquitted on Drug Charge Based on Tainted Warrant

In Kelly v. R., 2010 NBCA 89 (N.B. C.A.) Kelly’s home was raided , as part of “Operation Jellybean”, an investigation into the illegal drug and steroid trade in the Fredericton, NB area. RCMP officers conducted two searches of interior of home. The  first search was without any prior judicial authorization and in absence of exigent circumstances and […]

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R. v. Wetzel, 2011 SKPC 9 – Judge Agnew sends message of deterrance to police for Charter breach.

Saskatoon Provincial Court Judge Doug Agnew, in one of the most informative and instructive decisions in the area of “costs”, ordered that the Crown pay $5,000.00 costs to an accused who was wrongfully detained while in police custody. See R. v. Wetzel, 2011 SKPC 9. Judge Agnew wrote: “Vindication will be provided, I believe, through […]

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R. v. Moses, 2010 ABPC 344 – An unlawful entry into a bedroom results in an acquittal on assaulting peace officer charges.

In R. v. Moses, 2010 ABPC 344 the police responded to a call about a disturbance, and arrived at an apartment suite, where a man was cleaning up glass outside. He directed them into the apartment and toward a bedroom down a hall. When the police entered the bedroom, the accused was lying down on a […]

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R. v. Tran, 2010 ONCA 471 – The first post-Nasogaluak consideration of the remedy for police brutality. A stay is granted.

In R. v. Tran, 2010 ONCA 471 (Ont. C.A.) the appellant had turned himself into the police for charges of robbery and conspiracy to commit robbery. He testified that when he asserted his right to silence to the investigating officers they broke his jaw. The police testified that the appellant fell to the floor in an […]

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R. v. Groothuis, 2010 ABCA 73 and R. v. Ermine, 2010 SKCA 47 – Does the Court have the Power to Review a Conditional Sentence or Probation?

The Alberta Court of Appeal in R. v. Groothuis, 2010 ABCA 73 appears to directly contradict the Saskatchewan Court of Appeal decision in R. v. Ermine, 2010 SKCA 47 on the issue of whether a sentencing Court has the power to schedule a review of the original sentence. In the Groothuis case the Alberta Court of […]

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R. v. Thorne, 2010 SKQB 378 – An Impaired Care and Control charge is dismissed when “real driver” takes the stand.

In R. v. Thorne, 2010 SKQB 378 the accused is charged with the following three counts:  COUNT 1            THAT HE, the said EUGENE GEORGE THORNE on or about the 22nd day of November, A.D. 2007 at Fort Qu’Appelle, Saskatchewan did while his ability to operate a motor vehicle was impaired by alcohol, did […]

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R. v. Brown, 2010 NSSC 416 – Accused acquitted in an assaulting peace officer allegation where the investigation is shoddy, incomplete and inconsistent.

In R. v. Brown, 2010 NSSC 416 the accused had been arrested by private security staff at a shopping centre for theft, and held in the security office. When the police arrived, the officer learned that the accused had ingested pills. He was taken to a police car and driven a short distance because, in the […]

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R. v. S.J.A., 2010 SKPC: Are Mandatory Minimum Sentences for Adult Offenders Creeping Into the YCJA’s “Accountability” Requirement?

The concept of mandatory minimum sentences has been the subject of considerable debate. As a concept, many commentators believe that mandatory minimums run counter to the general principles of judicial discretion and a justice system focused on individual circumstances.  The concept ignores individuated justice and ignores extenuating circumstances. When the Youth Criminal Justice Act (YCJA) […]

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Gladue Sentencing

TITLE: Gladue Sentencing: Uneasy Answers to the Hard Problem of Aboriginal Over-Incarceration AUTHOR: Brian R. Pfefferle Manitoba Law Journal (2008) 32 Man. L.J. 113 – 143 PRINTABLE VERSION: Gladue Sentencing Uneasy Answers to the Hard Problem of Aboriginal Over Incarceration I.  Introduction 1 Aboriginal over-representation is one of the most documented trends in the Canadian […]

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Post-Colonial Aboriginal Rights

The Indefensibility of Post-Colonial Aboriginal Rights AUTHOR: Brian R. Pfefferle Saskatchewan Law Review (2007), 70 Sask. L. Rev. 393 – 423 PRINTABLE VERSION: The Indefensibility of Post-Colonial Aboriginal Rights I.  INTRODUCTION 1 In Canadian society and Canadian courts Aboriginal rights are theorized on the basis that they are sui generis rights that flow from the […]

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