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Articles2020-05-26T16:03:39+00:00

Latest Blog Articles

Bail should be the rule, not the exception

This article, written by Solomon Friedman, originally appeared in the Ottawa Sun on August 29, 2015. It is a scene that repeats itself at the Ottawa courthouse on a near weekly basis. A person is charged with a serious crime. The arrest is well-publicized. Sometimes, the police issue a press release. More often than not, the local media is at the courthouse, monitoring the arrest and bail proceedings. In cases involving an alleged victim – as most criminal matters do – the victim’s family and friends are present at court, en masse. For most accused persons, a bail hearing is [...]

By |May 25th, 2020|

Sentencing

This article, written by Solomon Friedman, originally appeared in the Ottawa Sun on October 26, 2012. The range of sentences which can be imposed by a judge can be understood like a ladder of consequences – a list of increasingly severe sanctions, each with more serious implications for the liberty of the offender. At the bottom of the ladder - in fact, in some ways, before the ladder even begins – is the option of “diversion”. When an individual is charged with an offence, there are usually only two outcomes – either the person is found guilty (following a plea [...]

By |May 25th, 2020|

The Growing Problem Of Overcrowding In Prisons And Pre-trial Custody In Canada

It is no secret the Canadian prisons are overcrowded. In fact, some prisons, such as the Ottawa-Carleton Detention Centre, had been using shower stalls to hold inmates due to lack of space. The Canadian Charter of Rights and Freedoms states that every person should be free from having their life, liberty and security (of person) infringed upon (s. 7), that every person has the right to be presumed innocent until proven guilty (s. 11(d)), and that no one should be denied reasonable bail without justice cause (s. 11(e)).[1] The Criminal Code also states that there is an initial presumption that a justice should order the [...]

By |March 19th, 2019|

The Effects Of R. V. Jordan On Unreasonable Delay And The Right To Trial Within A Reasonable Time

On behalf of Edelson Clifford D’Angelo Friedman LLP posted in Criminal Defence on July 30, 2016. The Canadian Charter of Rights and Freedoms states that “any person charged with an offence has the right… to be tried within a reasonable time”.[1] When determining whether a trial has been unreasonably delayed, the courts have always had to balance society’s interest in pursuing charges to maintain the publics’ confidence in the justice system, with the accused’s interest in having the matter adjudicated as soon as possible. [2] The Supreme Court of Canada looked at this issue in R. v. Askov. [3] In this case, the Court came up with [...]

By |March 19th, 2019|

Carter V. Canada: Canadian Criminal Law And Medically Assisted Dying

On behalf of Edelson Clifford D’Angelo Friedman LLP posted in Criminal Defence on August 10, 2016. On February 6, 2015, the Supreme Court of Canada, in a landmark unanimous decision, declared that “prohibition on physician-assisted dying infringes the right to life, liberty and security of the person in a manner that is not in accordance with the principles of fundamental justice.”[1] The case of Carter v. Canada, was a drastic shift from the Courts previous ruling in Rodriguez v. British Columbia, which upheld the constitutionality of s. 241 (b) of the Criminal Code.[2] Section 241 (b) states that it is a crime to aid and abet [...]

By |March 19th, 2019|

R. V. Marakah: Received Text Messages And Your Reasonable Expectation Of Privacy

On behalf of Edelson Clifford D’Angelo Friedman LLP posted in Criminal Defence on August 22, 2016. The Court of Appeal for Ontario has recently ruled that once a text message has been sent and received then it is no longer considered private. In R. v. Marakah, the Court had to determine whether text messages should be excluded from evidence at trial under s. 24(2) of the Charter.[1] These text messages included incriminating details of firearms trafficking, which led to the accused’s conviction. In this case, the trial judge ruled that the search used to obtain the cell phones had violated the accused’s, Mr. [...]

By |March 19th, 2019|

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