Weekly criminal law update – May 31, 2022

I am looking 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. To subscribe to the mailing list (link). Check out my latest blog posts: Trauma and memory …

Weekly criminal law update – May 23, 2022

I am looking 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. To subscribe to the mailing list (link). Check out my latest blog posts: Surprisingly Human: How …

Weekly criminal law update – May 15, 2022

I am looking for contract work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca. To subscribe to the mailing list (link). Check out my latest blog post on the fiasco that is Legal …

Weekly criminal law update – May 9, 2022

I am looking for contract work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca. To subscribe to the mailing list (link). NCR finding overturned, due to insufficient reasons, etc. Also, the charges were …

Weekly criminal law update – May 1, 2022

I am looking for contract work, given that Legal Aid Alberta unreasonably refuses to work with me. My strengths are in written and appellate advocacy. If you can use my services, please email me at efrayim@moldofskylaw.ca. To subscribe to the mailing list (link). Confession to police upheld on appeal (4-3) in New York, despite blatant …

Weekly criminal law update – April 25, 2022

To subscribe to the mailing list (link). Excellent and surprising sentencing case from the ABCA: R v Friesen, 2022 ABCA 147. The Crown – clearly unhappy with the conditional sentence imposed by Stirling J. in a CP case – appealed. Hopefully a good omen for #5 here – Llewellyn, a similar sentencing decision by the …

The ends justify the means – weekly criminal law update – April 18, 2022

To subscribe to the mailing list (link). Wow! A stop of a vehicle leading to a driving while prohibited charge is dismissed on the basis of racial profiling in pulling over the car. Primarily on the grounds that the car was later searched “incident to arrest” and nothing was found, and this problematic search “can …

Weekly criminal law update – April 11, 2022

To subscribe to the mailing list (link). Problematic deference to trial judge’s findings of fact in tenuous case – yet again (R. v. J.L., 2022 ONCA 271, at para. 3.) Although J.L. raises concerns about the trial judge’s credibility evaluation that are not entirely without merit, when examined in the context of the reasons for …

Weekly criminal law update – April 4, 2022

To subscribe to the mailing list (link). In a Charter case, Khullar JA’s dissent (majority is Wakeling and Crighton JJA) is interesting. She allows consideration of s. 8 and 9 Charter breaches not raised at trial (e.g. search of vehicle incident to arrest). Will be watching for at SCC. I’m leaning towards the majority myself …

Weekly criminal law update – March 28, 2022

To subscribe to the mailing list. On a defence appeal, Crown asks ONCA to depart from binding precedent in Jordan, and to find that a stay of proceedings is not the only remedy available for a Jordan (excessive delay) breach. This was not dealt with at trial, and is thus a new argument that the …