Weekly criminal law update – June 28, 2022

Thank you again to the kind Ontario lawyer who recently reached out to me for assistance. I’ve since completed the project, and understand that he is very satisfied with the result. I continue to look for contract or freelance work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written, oral and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca.

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  1. Regarding Legal Aid Alberta, see the Alberta provincial government’s promise a few years ago to increase Legal Aid funding by $70 million over 5 years, when they have in fact, decreased funding by 35% the last 2 years alone. For an appropriate response (3 years late, in our case), see Barristers walk out of courts in strike over pay – BBC News.
  2. A good reminder that the definition of “assault” in the Criminal Code ( 265(a)) does not require actual touching for an assault – mere attempts or threats to apply force (defined broadly) technically suffice. In R. v. Field, 2022 BCCA 197 (at paras. 27-44), a conviction for sexual assault was upheld where no physical contact occurred. H/T Prof. Sankoff’s new Beacon – included in an annual pass.
  3. Interesting commentary on the right of a party to comment on another party’s failure to call a material witness (paras. 97-129, Accurso v. R., 2022 QCCA 752). H/T P. Sankoff’s new
  4. I have lots of cases to catch up on – I’ll try to get to them by next week.
  5. EP#25 | The Deshaun Watson Defence – YouTube – Not on Record podcast. See the shocking article referenced, where an investigator admits – proudly and openly – to a presumption of guilt:

    Baker: I start by believing all the victims. Absolutely. Stand by that 100 percent. Anyone investigating a sex crime should start by believing the complainant. Provided defense provides something that refutes it, we’re going to believe that complainant.
    Hardin: So in your world of investigation, the defendant always has to prove his innocence?
    Baker: Yes.

  1. Dobbs: The Supreme Court’s Conservatives Counted to Five (ballsandstrikes.org)
  2. Amber Heard and her team have chosen to go on TV with NBC Today Show’s Savannah Guthrie and ABC’s… | by Claire Best | Jun, 2022 | Medium
  3. Presumption of innocence is often a myth – The John Howard Society of Canada : The John Howard Society of Canada
  4. Check out my recent blog posts: Innocence is not a myth – Shakespeare, wrongful convictions and R v BEM, 2022 ABCA 207 – Moldofsky Law, Trauma and memory – Moldofsky Law, Surprisingly Human: How Judges Think, by R. Posner – Moldofsky Law and The train wreck that is Legal Aid Alberta – Moldofsky Law.

Published by Efrayim Moldofsky

I am a criminal defence lawyer in Calgary, Alberta.

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