Solicitor Client Privilege & DPAs: Mum’s the Word

On September 19, 2018, amendments to the Criminal Code came into force establishing Deferred Prosecution Agreements (DPAs), for the first time in Canada. They had at that time escaped the radar, slipped into an omnibus bill, labeled “remediation agreements.” DPAs have been described as a type of plea bargain for corporations facing potential criminal prosecution, though admittedly on a much larger scale than exists for individuals. A DPA essentially suspends outstanding charges and establishes certain undertakings that the organization must
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Action, Following Broncos’ Deaths

Many Canadians, myself included, have friends or family members who have died, or been seriously injured, in highway collisions with semis. Yesterday morning, in a provincial court in my home province of Saskatchewan, the driver of the semi that collided with the Humboldt Broncos’ team bus pled guilty to 16 counts of dangerous driving causing death and 13 counts of dangerous driving causing bodily harm. It was reported that the driver had no alcohol in his system and was not
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Mandatory Victim Surcharges Unconstitutional

In December, 2018, the Supreme Court of Canada ruled in R. v. Boudreault that the mandatory surcharge under the Criminal Code is “of no force and effect immediately.” The surcharge was provided for in section 737 of the Criminal Code. It was levied in addition to the sentence already imposed. A non-mandatory surcharge has been around since the 1980s. It was introduced in an attempt to increase offenders’ accountability and assist in funding victims’ programs. Until 2013, judges could waive
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Criminal Code Westray Provisions (Part 1 of 2)

It was one of the worst mining disasters in Canadian history, and it resulted in important changes to the Criminal Code relating to workplace safety. In happened in 1992. An explosion at Westray Mine’s underground coal mine in Nova Scotia killed 26 underground workers. The Aftermath A public inquiry followed. The 1998 report harshly criticized Westray mine management. It found “a complex mosaic of actions, omissions, mistakes, incompetence, apathy, cynicism, stupidity, and neglect.” Despite the inquiry, a litany of charges
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Drug Impaired Driving in Canada: Who ‘Ya Gonna Call?

Justice Canada states that “impaired driving is the leading criminal cause of death and injury in Canada. In 2016, there were more than 70,000 impaired driving incidents reported by the police, including almost 3,000 drug-impaired driving incidents.” Getting behind the wheel while impaired by drugs of any type is dangerous. It is also against the law. Our federal government is amending the Criminal Code to better address impaired driving. Amendments to Criminal Code Drug Impaired Driving Provisions Part one, the
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