News
Appeal to the Supreme Court of Canada
On January 18, 2017 Mr. van der Walle and his co-counsel Mr. Micah Rankin and Mr. Jeremy Jensen (pictured above) appeared in the Supreme Court of Canada to argue the case of The Queen v. Clark. Mr. van der Walle had won the trial in 2014 by getting all of the...
Third Party Disclosure Applications
A person accused of a crime is entitled to virtually automatic disclosure of all the information in possession of the Crown and the police that were created as a result of the investigation of the accused that are not clearly irrelevant. However, sometimes highly...
Informer Privilege: An Impenetrable Fortress for Police?
Typically a person who is accused of a crime is entitled to know the names of everyone who provides evidence against them in a criminal proceedings and they are usually entitled to confront that person in court with a view to discrediting them as a witness. One major...
Stay of Proceedings vs. Charge Withdrawals
Crown Counsels are prosecutors who review police reports submitted to them by police officers to determine whether the charges should be approved for a prosecution. The measure they use to make this determination is called, “The Charge Approval Standard.” The...
Debunking the Youth Criminal Justice Act for Young Offenders
The Youth Criminal Justice Act is a federal law involving Canada's youth justice program. The law is applicable to youth between the ages of 12 and 17 who break the law. The Act was introduced in 2003 and amended later in 2012 to make it more effective in addressing...
The Constitutional Right to Full Disclosure
When a person is accused of a crime they are entitled to full disclosure of the case against them. What does this mean? It means that you are entitled to all evidence and information in the possession of the state (the Crown and the police) that is possibly relevant...
Chinese Drug Dealer Fights Deportation
Drug trafficking charges generally involve stiff punishments such as time in prison but, for Canadian immigrant Wing Wha Wong, his bad decision looked like it was going to land him back in his home country of China. Wong, who has been living in Canada for the last 16...
Plea Deals: When can a judge refuse to go along with a joint recommendation for sentence?
Plea agreements between the defence and Crown are common place and happen all the time. This is when an accused person agrees to waive their right to a trial and plead guilty early in exchange for the Crown agreeing to ask for a specific sentence. Often times this is...
Search Warrants: A Technical Area of the Law
Often times, a person will face charges based on what the police find at their house when they execute a search warrant. A search warrant is a legal document issued by a judge or the justice of the peace that authorizes the police to perform a search of a specific...
Kelowna RCMP Strip Search Procedures Ruled Unconstitutional by Provincial Court and Supreme Court Judge
The Vernon RCMP deal with many drug investigations. During some of these investigations the police come to the belief that the person under arrest has secreted drugs into their body by swallowing them or placing them up their rectum. Because of this they...
The Reality of Preliminary Inquiry
When a person is accused of an indictable offence, they can request that that the court hold a “preliminary inquiry” into the charge. The accused must attend the preliminary inquiry with their lawyer. The Crown and a judge will also be present. Purpose...
Vigilante Group May Cause More Harm Than Good
Recently, the vigilante group, Creep Catchers has gained a lot of media contreversy and speculation among many. Creep Catchers pose as a minor online, setting up a phony dating profile for unsuspecting predators of under-aged children. If the bait is...
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