Last blog added on Wednesday, October 11th, 2017

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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!

  • Removal Orders:  Serious CriminalityOctober 21, 2017

     Canada’s Immigration and Refugee Protection Act (“IRPA”) recognizes that there are important social, cultural and economic benefits to immigration. It also recognizes that successful integration of permanent residents involves mutual obligations for those new immigrants and for Canadian society. On … Read more »

  • Sentencing: Mental health and its Role in the Commission of the OffenceOctober 21, 2017

    When mental health problems play a central role in the commission of the offence deterrence and punishment assume less importance.  R. v. Batisse, 2009 ONCA 114, 93 O.R. (3d) 643,t para. 38, per Gillese J.A; see also R. v. Dedeckere, 2017 ONCA 799.  The impact of mental illness on the offender’s jud … Read more »

  • Evidence of OpportunityOctober 14, 2017

    Opportunity is the sine qua non of crime. Evidence which shows or tends to show that an accused was present at or near a place at or near the time an offence was committed is relevant, material and prima facie admissible. R. v. Doodnaught, 2017 ONCA 781, at para. 67. Where conduct occurs and the Cro … Read more »

  • Voyeurism: Secret Recordings and Expectation of PrivacyOctober 13, 2017

    In R. v. Jarvis, 2017 ONCA 778, the Court of Appeal for Ontario, applying principles of statutory interpretation [FN] held that for the purposes of the voyeurism offence – section 162 of the Criminal Code – the reasonable expectation of privacy of the person being secretly stared at or videoed does … Read more »

  • Voyeurism: Secret Recordings and Expectations of PrivacyOctober 13, 2017

    In R. v. Jarvis, 2017 ONCA 778, the Court of Appeal for Ontario, applying principles of statutory interpretation [FN] held that for the purposes of the voyeurism offence – section 162 of the Criminal Code – the reasonable expectation of privacy of the person being secretly stared at or videoed does … Read more »