Articles

Brian Rubineau and Nazampal Jaswal Reproduced with permission of copyright owner. Further reproduction prohibited without permission. Universities use formal policies not only to respond to incidents of sexual harassment and sexual assault, but also to prevent future incidents. This article integrates an analysis of the legal evolution of campus policies regarding sexual harassment and sexual[…]

Introduction Generally, extradition is the surrender by one country to another of a person charged with, or convicted of a crime in the requesting country. Canada’s Extradition Act, and a series of treaties to which it is a party, contemplate extradition both to and from Canada. Prior to the significant revisions to the Extradition Act in[…]

Paper Presented at Federation of Law Societies National Criminal Law Program, Quebec City, July, 2011, Section L.2 Author: Mark J. Sandler Nature of the Duty Section 10(b) of the Charter provides that everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right. The language[…]

Grant and Suberu: The Supreme Court’s Synthesis of the Law of Detention and Search Incident to Investigative Detention Published: February 05, 2011 Grant and Suberu: The Supreme Court’s Synthesis of the Law of Detention and Search Incident to Investigative Detention. Written By: Scott Bergman and Corie Langdon[1]for OBA Institute 2011 “A materially refreshed analytical lens is to[…]

Paper Presented At Federation of Law Societies National Criminal Law Program St. John’s, Nlfd., July, 2010, Section 0.1 Author: Mark J. Sandler Introduction This paper briefly examines the offence of sexual assault. Other papers address sexual interference and related offences (O.2), and common defences to crimes of a sexual nature, namely consent (P.1) and mistaken belief in[…]

Paper Presented At Federation of Law Societies National Criminal Law Program St. John’s Nfld., July, 2010, Section 0.1 Author: Mark J. Sandler Organizations, and most significantly corporations, act or omit to act through their officers, directors, agents and employees. Not surprisingly, jurisprudence exists on when such organizations bear criminal or regulatory liability under either the Criminal Code or other[…]

Article Published by Canada Law Book in the Criminal Law Quarterly, Vol. 47, pg. 41 Author: Austin Cooper, Q.C[1] About 45 years ago a man came into a lawyer’s office and retained him to defend him on a charge of capital murder. It was the middle of the night. The lawyer (who later became a judge)[…]

Article published in Edward L. Greenspan, Q.C. ed., Counsel for the Defence (Toronto: Irwin Law, 2005) Author: Austin Cooper, Q.C. Between January 11 and March 22, 1981, four infants who were patients in the cardiac ward at the Hospital for Sick Children in Toronto died as a result of the deliberate administration of overdoses of a[…]

Paper Presented at Federation of Law Societies National Criminal Law Program Victoria, British Columbia July, 2009, SECTION 6.2 Author: Mark J. Sandler Introduction It is well recognized that inaccurate eyewitness identification evidence is a systemic cause – perhaps the leading cause – of wrongful convictions. Eyewitnesses frequently “get it wrong.” This reflects not only the inherent[…]

Paper Presented at Federation of Law Societies National Criminal Law Program Edmonton, Alberta July, 2007 – SECTION 17.1 Author: Mark J. Sandler It is beyond dispute that a lawyer has a duty of confidentiality to the client. However, the breadth of the duty, and exceptions to it, are more contentious. This paper briefly examines the parameters[…]

Paper Presented At Federation of Law Societies National Criminal Law Program Victoria, British Columbia, July, 2009 Author: Mark J. Sandler Point-Counterpoint: Should Experts Testify As Independent Sources of Information, Not as Witnesses on Behalf of the Party Who Calls Them? FOR THE AFFIRMATIVE: YES, THEY SHOULD The recent Inquiry into Pediatric Forensic Pathology in Ontario (“the Inquiry”)[…]