Criminal Law

Impaired driving ‘one of the most heavily litigated areas’ of law

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By LegalMatters Staff • Anyone driving during the holiday season may find themselves waved over by a police officer at a checkstop. Police have broad discretionary powers to demand that any driver submit to a breath sample, even if they are not showing signs of impairment. “At a checkstop, you are legally obliged to comply […]

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Domestic assault can start when you belittle your partner

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By LegalMatters Staff • Domestic assault encompasses various forms of physical and emotional violence, threats or abuse within familial or intimate partner relationships. It can include sexual assault, harassment, stalking or financial control.  “While there isn’t a specific ‘domestic assault’ offence in the Criminal Code, there are a variety of charges that may be applicable,”

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Know your rights when being investigated by police

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By LegalMatters Staff • The administration of justice in Canada is a delicate balance of police power and the maintenance of civil liberties. That is why citizens should know their rights when they are investigated by police. “If police want to search your home for evidence of a crime they will usually first obtain a

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‘Shortage of judges harms the judicial process,’ says Dostaler

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By LegalMatters Staff • The federal government’s slow pace in making judicial appointments is saving taxpayers millions of dollars, a Law360 article notes. It explains it took on average more than eight months to appoint judges to fill 349 superior court vacancies. “As a result, we estimate the Canadian justice system was deprived of –

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Auto thieves in Alberta have a soft spot for pickup trucks

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By LegalMatters Staff • Albertans love their pickup trucks and so do thieves in the province. According to the 2022 Vehicle Theft Trend Report, published by the Équité Association, Alberta saw an 18.3 per cent rise in auto theft in 2022, with larger pickup trucks such as the Ford F-350 and Ram 1500 the most

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Sex, legal consent and the sharing of secret video recordings

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By LegalMatters Staff • A  man was recently found guilty of sexual assault after sharing online footage of him having sex with two women on different occasions. The women testified they would not have agreed to sex if they had known he was filming it so he could later post the video to a pornographic

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SafeRoads Alberta legislation deemed as being ‘unfair’

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By LegalMatters Staff • When the Court of King’s Bench of Alberta heard the case of Smit v. Alberta Director of SafeRoads in July, the judge recommended changes to a portion of the SafeRoads Alberta Regulation. The case involved a woman who was appealing a Notice of Administrative Penalty (NAP) issued against her in 2021

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The right to a timely trial reinforced by court ruling

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By LegalMatters Staff • Charges were recently stayed against a member of the Canadian military who was accused of sexually assaulting a female corporal. The court ruled that the man’s right to a timely trial had been violated, as set out in the Jordan decision. That 2016 Supreme Court of Canada (SCC) ruling states that

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Clogged court system in Alberta lamented by Chief Justice

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By LegalMatters Staff • The lack of timely trials in Alberta was recently addressed by Canada’s top judge. “In Alberta, 22 per cent of criminal cases exceeded the 30-month delay set out in the [Jordan Decision] and 91 per cent of those cases involve serious and violent crimes,”  Chief Justice Richard Wagner said in June,

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Canadians have a right to engage in self-defence, within reason

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By LegalMatters Staff • Canadians who are unsure about their rights when it comes to self-defence can look to s.34 of the Criminal Code. It states you are allowed to take action to defend yourself if force is being used against you or another person and your response is “reasonable in the circumstances.”  “Those last

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