R. v. Oakes

International Legal Materials, 2007

Constitutional law-Charter of Rights-Application-Searches and seizures outside Canada-Whether Canadian Charter of Rights and Freedoms applies to extraterritorial searches and seizures conducted by Canadian police officers-If not, whether evidence obtained abroad ought to be excluded because its admission would render trial unfair-Canadian Charter of Rights and Freedoms, ss. 7, 8, 11(d), 24(2), 32. Legislation-Interpretation-Canadian Charter of Rights and Freedoms-Scope of extraterritorial application of Charter-Presumption of conformity with international law. RCMP officers commenced an investigation of the accused, a Canadian businessman, for suspected money laundering activities. They sought permission from the Turks and Caicos Islands authorities to conduct parts of their investigation on the Islands where the accused's investment company is located. Detective Superintendent L of the Turks and Caicos Police Force, who was in charge of criminal investigations on the Islands, agreed to allow the RCMP to continue the investigation on Turks and Caicos territory, but warned the officers that he would be in charge and that the RCMP would be working under his authority. During a one-year period, the RCMP officers conducted searches of the accused's office on the Islands and on each occasion L was with them. At trial, the Crown adduced documentary evidence that the police had gathered from the records of the accused's office. The RCMP officers testified that they were aware there were no warrants authorizing the perimeter searches of the accused's office but that they had relied on L's expertise and advice regarding the legalities of investigations conducted on the Islands. They also testified that they had understood warrants to be in place for the covert entries and had read a document they understood to be a warrant authorizing the overt entries. However, no warrants was entered into evidence at trial. The accused sought to have the documentary evidence excluded, pursuant to s. 24(2) of the Canadian Charter of Rights and Freedoms, on the basis that the evidence was obtained in violation of his right under s. 8 of the Charter to be secure against unreasonable search and seizure. He submitted that the Charter applies to the actions of the RCMP officers in the course of their searches and seizures at his office, notwithstanding that those actions took place outside Canada. The trial judge held that the Charter did not apply, dismissed the application and convicted the accused of two counts of money laundering. The Court of Appeal upheld the convictions.

2021

It even encourages contributions from panel discussion or conference reports based on the topics of recent developments in the field of law. Further, case commentaries, law book reviews, legislative and policy analysis are also welcomed. The journal will also publish contributions that are not expressly from the discipline of law but establishes a relation with any of the legal matters and gives it an interdisciplinary character. However, comments regarding decisions pending before any Court of Law or any other subject matter across the globe which if published might lead to Contempt of Court, if interpreted from the perspective of Indian Jurisprudence, will not be published even if the matter does not violate any of the Indian Laws or does not amount to any offense in any other laws. SCOPE The scope of this journal extends to the entire world transcending all national boundaries of the States. It is an international journal aimed at establishing a global network of research and analysis in the field of law. The medium of publication will be primarily American English subject to the majority opinion of the Board of Editors, Expert Committee, and the Board of Advisors in conformity with the Core Team including the Managing Committee.

Drug crimes are like a chain of networks, where most of the time, the real perpetrator behind the start of every drug crime is not traceable. The drugs are transferred from one party to another before reaching its final destination. The method of drug trafficking changes and eventually outsmart the authorities to avoid criminal liability. Thus, this article focuses on the situation where its final destination is in the hands of a person with no knowledge or suspicions about having the drugs in their possession. This article discusses the impact of section 5( ) and section 28 of the Misuses of Drugs Act 1971 ('MDA 1971') against the category of defendants and how the law struggles to balance the interest of these Defendants and the public. Furthermore, this article explores how the MDA 1971 has affected the innocent defendants and the overall achievement of the purpose of MDA 1971. This research is of great importance in the development of the law in satisfying the interests of the public and also protecting these innocent defendants from being wrongfully convicted. Hence, this article aims to promote the need for reconsideration of the burden placed under the MDA 1971 to ensure innocent defendants are not wrongfully convicted while also effectively tackling drug crime, by way of punishing the real perpetrator. The law on drug trafficking provided in the Drug Trafficking Act 1994 ('DTA 1994') regulates drug control within the United Kingdom ('the UK'). Drug trafficking is defined as 'any production or supply transportation import and export covered in the MDA 1971. 1 The beginning of this article explains how drug trafficking can in some circumstances, involve an innocent defendant who did not have any knowledge of the substance found in their possession is a controlled drug. This article then furthers analyses how the law on drug possession under section 5(2) affects these people. Another issue analysed in this article is whether the defence available to these people are in fact sufficient to protect them from being wrongfully convicted of a crime they did not commit. This involves the discussion of the reverse burden of proof placed on the innocent defendant under section 28 and how it affects the right to a fair trial. Lastly, with all issues considered, this article is determined to consider if there can be a balance between satisfying both the interest of the public and the defendant.

1999

HIGHLIGHTS n Although the overall rate of police-reported drug offences has increased 12% since 1993, the long-term trend has generally remained stable over the past 15 years. It must be noted that trends in drug offences are directly influenced by levels of police enforcement. n After a ten-year decline, the rate of cannabis offences has increased by 34% since 1991. Conversely, the rate of cocaine offences increased between 1981 and 1989, but has dropped by 36% since 1989. The rate of heroin offences also increased for a number of years, peaking in 1993, and then falling 25% over the last four years. n Cannabis-supply offences (trafficking, importing and cultivation) increased for the fourth consecutive year in 1997, partially driven by an increase in cultivation offences. Cannabis-possession offences increased steadily from 1991 to 1996, but dropped slightly in 1997. n Cannabis offences continue to account for the majority of all drug offences. More than 7 in 10 drug offences reported in 1997 involved cannabis. Two-thirds of cannabis offences were for simple possession. n British Columbia continued to show the highest rate (426 offences per 100,000 population) of drug offences in 1997, almost twice the national average. However, when examining only the number of persons charged with drug offences, the rate for British Columbia was only 41% greater than the national average. Newfoundland reported the lowest rate (132) of drug offences for the second year in a row. n While Newfoundland and Alberta have shown the largest decreases in drug offences in recent years, Nova Scotia (+44%), Saskatchewan (+26%) and Manitoba (+14%) have seen the largest increases in the rate of drug offences over the last 2 years. n Younger people are less likely to be charged with serious drug offences. Of all persons charged with cocaine and heroin offences, only 36% were under 25 years of age. For cannabis offences, this proportion was 86%. n The courts continue to treat trafficking offences more severely than possession offences. In 1996-97, data from seven provinces and one territory show that about two-thirds (64%) of persons convicted of trafficking were sentenced to imprisonment, compared to 13% for possession. n Data from a one-day snapshot of inmates in correctional facilities in 1996 show that the most serious offence for which 9% of the adult inmate population in Canada were incarcerated was a drug offence.

Gubernaculum et Administratio, 2021

In the judgment of 11 June 2020, the Court of Justice of the European Union took the position that it is not contradictory to the community regulations for courts to decide, on a case-by-case basis, whether or not in a specific case the quantity of drugs possessed by the offender is significant and therefore the penalty should be made more severe. The interpretation of the concept of a ‘significant quantity’ of drugs may be left for the national courts to decide on a case-by-case basis on condition that this interpretation is reasonably foreseeable. This article presents an opinion in the discussion of the problems generated by the concept of significant quantities of narcotic drugs in the Polish criminal law, as specified in article 62(2) of the Act on Counteracting Drug Addiction of 29 July 2005. Most of all, however, the doubts that the judgment of the Court of Justice may raise in the context of the Polish legal order and recognised (and very diverse) case-law.

Western New England Law Review, 2003

An analysis of the British Columbia fentanyl sentencing decisions reveals that courts are emphasizing the need for enhanced deterrence as a response to the opioid crisis. Increasing prison sentences is not an evidenced-based response to this public health crisis. In the street-level trafficking cases examined, 12 of the 14 people were motivated to traffic to support their own addiction. The courts' response of lengthening custodial sentences for people who are trafficking fentanyl will not deter street-level trafficking. Instead, the court's punitive approach will increase the number of people in custody, and disproportionately impact Indigenous people and those with substance abuse issues. Lengthier prison sentences should not be the prescribed response by the courts to deal with this public health crisis. The courts' response to the opioid crisis exacerbates the present risks to people who use drugs and puts a vulnerable population at an increased risk of harm.

Addiction, 2000

The Canadian Bar Review, 1984

The primary issue in the two cases was whether the Attorney-General of Canada was competent to conduct criminal proceedings. However, the cases also provide the opportunity for reassessing the scope of Parliament's authority under section 91(2) of the Constitution Act, 1867, and it is on this aspect of the cases I propose to comment. I will therefore deal with the conduct of criminal proceedings only to the extent that that is necessary to provide a background for the inferences that may be drawn about the trade and commerce power under section 91(2). In Canadian National Transportation, the accused were charged with conspiracy pursuant to section 32(1)(c) of the Combines Investigation Act.3 The federal Attorney-General assumed the prosecution pursuant to section 15(2) of that Act and the accused applied for a prohibition order. In K-ipps Pharmacy, the accused challenged the authority of the federal Attorney-General to prosecute in respect of alleged violations of sections 8 and 9 of the Food and Drugs Act .' These sections, respectively, prohibited selling drugs manufactured or stored under unsanitary conditions and promoting drugs in a misleading manner. Laskin C .J .C ., writing for the majority in Canadian National Transportation, dealt with section 32(1)(c) of the Combines Investigation Acts as criminal law, and held that section 91(27)6 of the Constitution Act, 1867 comprehended the conduct of criminal proceedings. Thus he did not have to decide whether section 32(1)(c) could also be upheld on trade and

Section 33.1 of the Criminal Code is a legislated form of guilt-by-proxy. It allows the court to substitute the mens rea of voluntary intoxication for the mens rea of general intent offences that involve an element of personal violence. It represents a revival of the controversial Leary rule, albeit with limited application to crimes of violence. Parliament enacted section 33.1 notwithstanding the unequivocal view of the majority of the Supreme Court of Canada in R v Daviault that the Leary rule violated sections 7 and 11(d) of the Charter and could not be justified under section 1. It would appear, from reasons that echo the decision of the majority in that case, that section 33.1 similarly offends the Charter. However, despite the passage of more than twenty years since its enactment, and sharply divided trial court rulings on the Charter question, the Supreme Court has yet to decide the issue. It is recommended on the basis of the analysis set out in this paper that the provision be struck. Alternatively, it is proposed that the courts interpret the provision in a manner that effectively incorporates the constitutionally required minimal fault standard. Either way, the question of the constitutionality of section 33.1 must be resolved, failing which accused persons in Canada face the disconcerting prospect of differential treatment at law depending largely on the jurisdiction in which their case proceeds. KEYWORDS : Intoxication defence, voluntary intoxication, Charter of Rights and Freedoms, principles of fundamental justice, right to make full answer and defence, substance abuse, addiction, extreme intoxication akin to automatism, extreme intoxication akin to insanity, substance-induced psychosis, mental disorder, violence against women, and children.