If somebody close to you has been arrested, they may ask you to become a surety for the purpose of their interim release. Very basically, this means that the accused person has been arrested and the court may be willing to allow them out of jail while they await trial or resolution of their charges, Read more
On March 14, 2013 the Supreme Court of Canada released the judgment of R. v. Pham 2013 SCC 15, clarifying what collateral factors and effects a sentencing judge may take into consideration when fashioning a particular punishment. The Supreme Court held that sentencing judges may exercise discretion and take take immigration consequences into account. In order Read more
The use of enhanced credit for pre-trial custody, or “dead time”, has long been a point of controversy among the public. It is often perceived a a mechanism for criminals serving less time then they would actually obtain if they had served the sentence and getting off light as a result. That controversy, and Read more
The Ontario Court of Appeal’s decision of R. v. Gough, 2013 ONCA 137, released March 6, 2013, is another reminder to trial judges of the significant frailties of identification evidence and the special scrutiny required when assessing cases of this nature. Mr. Gough was convicted of a street level robbery in Ottawa. The only issue of the trial was the Read more
A while back, I authored an article entitled “Top 10 iPad Trial Lawyer Apps” that was quite popular for criminal lawyers and litigators like myself who rely on technology to enhance their practice and their skills of persuasion in a courtroom. In the process of updating our website, that post was lost so I am Read more
Yesterday the Court of Appeal of Ontario released the judgment R. v. R.H. which reversed a finding of guilt and entered an acquittal where a judge improperly allowed, and considered, the inability of an accused to provide an explanation why the complainant might lie about her alleged sexual assault. Although it is well settled law Read more
With the recent coverage of the R. v. Fearon cell phone case that we provided commentary, Robichaud’s is frequently quoted as an expert in the area of law across the country in February: Regina: Leader Post, Global News Saskatoon: Global News Winnipeg: Winnipeg Free Press British Columbia: The Province, Global News Toronto: Global News‘ Kitchener: CTV Read more
With all the recent coverage of the Pistorius allegations of murder, and the bail now wrapping up the fourth day of proceedings, the issue of bail has taken centre stage in every day conversations. Chief Magistrate Desmond Nair will deliver judgment today on whether or not Pistorius will be released pending his trial; regardless of Read more
On February 20, 2013 the Ontario Court of Appeal released the decision of R. v. Fearon, 2013 ONCA 106 that explored the common law right of police to search incident to arrest. In this particular case it dealt squarely with the issue of how far police may legally go in searching the contents of a cellular phone seized from a Read more
A recent decision from an Alberta Provincial Court has raised an interesting question for a person’s to contact a lawyer in the age of the internet: Do you have the right to Google your lawyer when under arrest? The decision of R. v. McKay 2013 ABPC 13 says yes. The case came before Justice H.A. Lamoureux and focused squarely Read more