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The Saskatoon Criminal Defence Lawyers Association is an independent body of lawyers who practise criminal defence law in Saskatoon, Saskatchewan, Canada.
The association provides a forum for its members for discussion and education in criminal law. It also facilitates communication between the Saskatoon criminal defence bar, the judiciary and the Federal and Provincial Departments of Justice on practice and substantive criminal law issues
Criminal Law News:
- SCDLA endorses submission to Saskatoon Police Commission re: SPS practice of "carding". See our May 2, 2016 press release
- Mark Baerg unravels the complex legalities of medical marihuana - see Mark's handy little chart.(May 2016)
- Saskatchewan Court of Appeal decision in Pankiw v. R finding that a delay of 27 months is unreasonable. Stay entered (May 2016). Brian Pfefferle, Mark Brayford QC, counsel,
- So your client is Appealing - January 29, 2016:
Chris Lavier has provided the following cases dealing with
s. 679 applications for judicial release pending appeal:
1. The authorities interpreting the "not frivolous" component of s. 679(3)(a)
2. The authorities linking the "public interest" component of s. 679(3)(c) to the bail considerations of the tertiary ground as interpreted by
Mike Nolin has provided the following cases dealing with appeals generally:
3. Dangerous Offender Appeals:
R. v. Knife SCC # 36642; leave to appeal
4. Cases of value for Dangerous Offender hearings:
Lower Court Decisions found at 2015 SKCA 82; 2013 SKQB 197 and 2011 SKQB 444
R. v. Bird 2015 SKCA 134
Ewert v. The Queen 2015 FC 1093; use of specific actuarial risk assessment tools by Corrections Service Canada is both inconsistent with the
principles in section 4(g) of the Corrections and Conditional Release Act (CCRA) by not being responsive to the special needs of Aboriginal
people and further such use breaches section 24(1) of the CCRA and further the use of these assessment tools violates the Plaintiff's section 7 Charter rights without section 1 justification.
R. v. Boutilier  B.C.J. No. 2867; 2015 BCSC 901; section 753(1) of the Criminal Code violates section 7 of the Charter and cannot be saved by section 1
R. v. Boutilier 2016 BCCA 24; Crown appealed the trial judge's declaration of Constitutional invalidity, but not the remainder to sentencing decision.
Offender brought an application to quash the appeal for lacking a statutory basis. Offender's application to quash the Notice of Appeal of the Crown dismissed.
R. v. Slippery 2015 SKCA 149; Presence of institutional and/or specific Gladue factors personal to the accused can reduce an accused's moral
culpability and justify the imposition of a lesser sentence.
R. v. Lacasse 2015 SCC 64; quoted with approval in R. v. Slippery above. The Supreme Court stated:
(a) an error in principle, a failure to consider a relevant sentencing factor or an erroneous consideration of an aggravating or mitigating factor
will justify appellate intervention only when the trial judge's decision in that regard had an impact on the sentence (at para 44);
In the end, the Supreme Court said that a court of appeal may intervene in a sentencing decision only if the sentence is demonstrably unfit in the sense of being "clearly unreasonable," "clearly or manifestly excessive," or "clearly excessive or inadequate" (at para 52).
(b) a court of appeal may not intervene simply because it would have weighed sentencing factors differently than the trial judge (at para 49);
(c) a court of appeal may not intervene on the ground that it would have put the sentence in a different range or category. The choice of sentencing range or of a category within a range does not itself constitute a reviewable error (at para 51); and
(d) a sentence may be demonstrably unfit even if the judge has made no error in imposing it (at para 52).
- At our September 25, 2015 meeting, Judge Sanjeev Anand of the Saskatchewan Provincial Court presented a scholarly review of the "Victim's Bill of Rights" Bill C-32 (proclaimed July 23/15) . Here is a link to Judge Anand's paper. Judge Albert Lavoie presented this checklist that Provincial Court Judges will be using.
- Jim Scott gave a very thought provoking presentation at our February 27, 2015 meeting on sentencing bias and how Dangerous Offender applications are perpetuating the horrors of the abuse. Here is a link to Jim's paper on Sentencing Bias Here are some links that members may find useful
- Bill C-36 - Harper Government to criminalize sex for 'consideration' for the first time in Canadian history. Trish Fisher has written an excellent paper explaining why this bill should not become law. The SCDLA has also prepared a publication: Bill C-36 and You.. Feel free to pass this along to anyone who may be interested. Unfortunately, the Senate hearings on Bill C-36 were cancelled and the bill was fast-tracked through the Senate and proclaimed in force on of November 6, 2014. As of December 6, 2014 it is the law of Canada. However, chances are very good that it will be challenged on the same constitutional grounds that resulted in the Bedford decision in December 2013.
- BC Court of Appeal strikes down certain provisions of BC Motor Vehicles Act immediately suspending driver's licences for a "fail" reading on breathalyser: Sivia v. B.C.
- Supreme Court of Canada 2012 .08/impaired driving trilogy: Dineley, St. Onge-Lamoureux, Boudreault.
- Provincial Court to Introduce 10 Practice Directives - April 2012.
- Proceeds of Crime and Offence Related Property - materials provided by Douglas Curliss and Wade McBride at the November 26, 2010 meeting -
the materials here
- The Police "Right to Interrogate" Trilogy from the Supreme Court of Canada - October 2010 - R. v. Sinclair, R.v. McCrimmon, R. v. Willier
- Morris Bodnar, Q.C. to address Criminal Defence Lawyers May 28, 2010 on the case of R. v. Hurley. Mr. Bodnar, successful counsel in this case before the Supreme Court of Canada and the Saskatchewan Court of Appeal will present his analysis of this decision relating to the "jailhouse informant".
- Saskatoon Correctional Centre clothing policy - what your client who is in custody can and cannot wear to court.
- Saskatoon Police Chief Clive Weighill to address Criminal Defence Lawyers March 26, 2010. The Chief will address policing issues in our city, including community policing, gang crime, and the proposed bylaw to ban possession of knives. If you have any issues with the Saskatoon Police Service, here is your chance to raise them directly with the Chief.
- America's Problem Solving Courts - An in-depth report from the National Association of Criminal Defence Lawyers (US) which has direct application to our Drug and Domestic Violence Courts in Saskatchewan
- Provincial Court Standard Endorsement Order Forms - discussed at March 27 meeting.
- Fall 2006: Federal Government introduces amendments to Criminal Code :
For list of previous Criminal Law news items, click here.