The Power of Perspectives

The Canadian Bar Association
Article

Out of office

By Rose Wilson April 30, 2013 30 April 2013

Out of office

Read More
Article

Predictive discovery

By Julie Sobowale April 28, 2013 28 April 2013

Predictive discovery

Read More
Article

‘Let’s go for shawarma!’

By Rose Wilson April 28, 2013 28 April 2013

‘Let’s go for shawarma!’

Read More
Article

Making a Difference: Young lawyers

By CBA/ABC National April 26, 2013 26 April 2013

Making a Difference: Young lawyers

Read More
Article

Pensions vs. insolvency

By Carol Neshevich April 26, 2013 26 April 2013

Pensions vs. insolvency

Read More
Article

Asleep at the switch

By Lyndsie Bourgon April 26, 2013 26 April 2013

Asleep at the switch

Read More
Article

Collecting an old debt

By Justin Ling April 26, 2013 26 April 2013

Collecting an old debt

Read More
Article

The perils of frictionless sharing

By Pablo Fuchs April 26, 2013 26 April 2013

The perils of frictionless sharing

Read More
Article

Labour pains

By Luis Millán April 23, 2013 23 April 2013

Labour pains

Read More
Criminal law

Why we don't have Miranda rights in Canada

By Yves Faguy April 22, 2013 22 April 2013

There was plenty of debate over the weekend about whether or not Dzhokkhar Tsarnaev should be read his Miranda rights. The Dish has a pretty complete roundup of the different views. And interestingly a FiveThirtyEight poll shows a small majority of Americans in favour of reading him his rights. In Canada, of course, we have our own rights protected under the Charter. Section 10(b) states that, “everyone has the right on arrest or detention to retain and instruct counsel without delay and to be informed of that right.” But Canadians might be surprised to learn that in a 2010 decision the Supreme Court rejected the idea of transplanting wholesale the US Miranda rule which ensures ”the right to have counsel present at the interrogation,” deemed “indispensable to the protection of the Fifth amendment privilege.” Indeed the SCC found, by a slim margin, that the Charter does not mandate the presence of a lawyer throughout a custodial interrogation for a number of reasons (UPDATE: hat tip  @APribetic):

… The scope of s. 10(b) of the Charter must be defined by reference to its language; the right to silence; the common law confessions rule; and the public interest in effective law enforcement in the Canadian context. Adopting procedural protections from other jurisdictions in a piecemeal fashion risks upsetting the balance that has been struck by Canadian courts and legislatures.

Read More
Article

Positive rights

By Emmett Macfarlane April 16, 2013 16 April 2013

Positive rights

Read More
Video

Blakes' Howard Levine on securities regulators and a new approach to dealing with poison pills

April 8, 2013 8 April 2013

Read More

Current Issue

Editor's Picks

Google's US court challenge to SCC "repugnant" order

Editor's Picks

Closing tax loopholes for professionals who incorporate

Editor's Picks

Copyright fees at York: Federal Court rejects fair dealing

National TV

  • Thumb

    CBA's intervention in Lloyd v. R

  • Thumb

    Margaret Hagan on the role law schools can play in fostering innovation

  • Thumb

    Melina Buckley on the importance of legal aid benchmarks in Canada

View All Videos

Partners In Your Success