Category Archives: The Charter

Youth advocate opposes phallometric testing

British Columbia’s Representative for Children and Youth, Mary-Ellen Turpin-Lafond has released a report critical of phallometric testing, in which young male sex offenders are played sexual audio and images while penile sensors measure their level of arousal. PPG testing (wiki) … Continue reading

Posted in Technology, The Charter, Youth
 

Law Times: Breath evidence tossed

LT reports on a decision of Ontario Court Judge Rick Libman, who found that police violated an accused’s constitutional rights when they led him to believe that he could be waiting hours in a jail cell if he insisted on … Continue reading

Posted in Police, The Charter
 

MMS for gun possession comes under constitutional fire

Last Thursday in Toronto Superior Court, in the case of R. v. Nur, defence counsel from Derstine Penman brought a Charter challenge against the mandatory minimum sentence (MMS) of three years prison under section 95(2)(a)(i) of the Criminal Code for … Continue reading

Posted in Guns, Mandatory Mins, Sentencing, The Charter, Tough-On-Crime
 

CBC: Officer’s ‘spidey sense’ prompts illegal search

CBC reports on a decision of Justice Daryl Labach in Saskatoon, in which evidence of a concealed weapon (homemade brass knuckles) was excluded because the investigating officer based his search of a 16-year-old on his “spidey sense.”

Posted in Best Posts, Police, The Charter, Youth