Last blog added on Wednesday, February 21st, 2018

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Recent Posts

Below is a preview of the five most recent posts from the blog O’Connell Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Disclosure of Defence Materials Reviewed by its Witnesses in Preparing for TrialFebruary 13, 2018

    Litigation privilege applies to non-confidential communications between a lawyer and third parties, it exists only in the context of litigation, and it ends when the litigation (and all closely-related litigation) has ended. It is based on the need of the adversarial process to provide a zone of pri … Read more »

  • Care & Control Over 80 as an Included OffenceFebruary 13, 2018

    An included offence is a distinct offence that arises from the same facts and is necessarily committed where the charged offence has been committed. R. v. Ovcaric (1973), 11 C.C.C. (2d) 565 (Ont. C.A.); R. v. G.R., 2005 SCC 45 (CanLII), [2005] 2 S.C.R. 371, at para. 25. It is not unfair to try the a … Read more »

  • The Permissible Length of an Investigative D­­etentionFebruary 8, 2018

    Investigative Detentions and the Constitution Section 9 of the Charter provides that everyone has the right not to be arbitrarily detained. A detention will not be arbitrary if it is lawful.  One type of lawful detention is a common law investigative detention. This power allows the police to detain … Read more »

  • Ineffective Representation: Failure of Trial Counsel to Bring a 276 ApplicationFebruary 7, 2018

    An accused is constitutionally entitled to effective representation.  Effective representation means reasonably competent representation.  Counsel’s performance is measured without the benefit of hindsight and bearing in mind that the reasonable exercise of professional judgment will in many instanc … Read more »

  • Subjective Expectation of PrivacyFebruary 7, 2018

     Section 8 of the Canadian Charter of Rights and Freedoms protects an individual’s reasonable expectation of privacy from unreasonable state intrusion. R. v. Tessling, 2004 SCC 67 (CanLII) at para. 18; R. v. Orlandis-Habsburgo, 2017 ONCA 649 (CanLII), 352 C.C.C. (3d) 525, at para. 37.  State conduct … Read more »