Welcome to my law blog - where ideas and the law connect
2018 Runner-Up in the Clawbie Best Canadian Legal Blog Category!
Winner in the 2017 Clawbie Best Law School/Law Professor Category!
Many of these blogs also appear as case commentaries on CanLii Connects along with many other commentaries and case summaries written by lawyers across the country. Go to CanLii Connects to open your mind to new ideas!
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Today's blog: click on the blog page or click on IDEABLAWG at the top of this page and CONNECT
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read, think, connect:
February 8, 2019: Why reconsider W(D)?
January 4, 2019: The Dual Nature of Advocacy
December 27, 2018: You Missed A Spot! Amendments to the Reverse Onus Sections in the Criminal Code
December 16, 2018: Enter or Not, Here I Come! The Tentative (and not so tentative) Views of the SCC in R v Reeves
December 2, 2018: The Vice Squad: A Case Commentary on R v Vice Media Media Inc.
November 25, 2018: Episode 56 of the Ideablawg Podcasts on the Criminal Code of Canada: Sections 63 to 69 – Dealing With Our Tumultuous Past
October 25, 2018: Casting Light into The Shadows: Finding Civil Contempt in the Envacon Decision (as originally posted on ABLAWG website at www.ablawg.ca but as tweaked by the author)
October 7, 2018: A Brief Book Review On What A Book Can Do: Jonathan Rudin’s Book, Indigenous People and the Criminal Justice System
September 26, 2018: What Precisely is a Regulatory Offence? (Cross Posted On ABlawg)
September 26, 2018: Speaking Notes Concerning Bill C-75 and the amendments to preliminary inquiries as given to Standing Committee on Justice and Human Rights
September 3, 2018: Looking For Some Light-Hearted Law School Advice? Here’s The Ultimate Answer Courtesy of Douglas Adams
August 19, 2018: Brief Submitted to the House of Commons Standing Committee on Justice and Human Rights Concerning Bill C-75
July 19, 2018: A Fine Balance: Sentencing Suter in the Supreme Court of Canada
July 15, 2018: Episode 55 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 62 & Finding the Military in Our Criminal Code (text version)
June 2, 2018: Criminal Law Rules! The Contextual Use of Criminal Law Principles and Charter Values in Groia v The Law Society of Upper Canada
May 20, 2018: Speedy Justice: The Supreme Court of Canada & Decisions From the Bench
May 3, 2018: Episode 54 of the Ideablawg Podcast on the Criminal Code of Canada: The Self-Fulfilling Words of Sedition under Sections 59 to 61 or Presuming the Worst
April 16, 2018: How To Navigate Through The Digital Era: A Review of Digital Evidence: A Practitioner’s Handbook
April 5, 2018: Leaving a Paper Trail: A Comment on C-75
February 22, 2018: Tracing the Likeness of Coulten Boushie in the Law Classroom
February 19, 2018: Taking a Quick Survey of the Legal Landscape Through the Intersection of the Public and the Private Living Space
December 30, 2017: Silence In The Courtroom! The Art of Being an Advocate
December 27, 2017: Episode 53: The Ideablawg podcast on s. 58 of the Criminal Code of Canada – The Good Citizen
December 13, 2017: Keeping Up With the Joneses: The Triumphal Return of the Presumption of Innocence
December 8, 2017: Can We Talk? A Brief Look At The Supreme Court of Canada’s Holistic Approach to Electronic Conversations
November 5, 2017: Episode 52 of the Ideablawg Podcasts on the Criminal Code of Canada: The “Go Everywhere” Offence Under Section 57
October 21, 2017: Confidential Informant: A Creation Story
October 9, 2017: Seeing Justice Through the VR Lens
September 6, 2017: A Really Fun Episode 51 of the Ideablawg Podcasts on the Criminal Code of Canada: Official Documents & Identity, Identity, Who Am I?
August 17, 2017: The Creation of Community “Space” in Sentencing in R v Saretzky
August 11, 2017: Kienapple to Jordan: Some Thoughts on How Cases Become Icons
August 2, 2017: Episode 50 of the Ideablawg Podcasts on the Criminal Code of Canada: Criminal Code Reform and Section 55
July 28, 2017: Unpacking the Alberta Court of Appeal Decision in R v Barton
June 6, 2017: Can R v Antic “Bail” Out The System? A 150th Birthday Wish
May 26, 2017: The Delicate Balance of Sentencing: The Application of the Totality Principle in Regulatory Offences
May 19, 2017: Episode 49 of the Ideablawg podcasts on the criminal code of canada: “Just Desserts?” The Offence of Assisting a Deserter Under Sections 54 & 56
April 15, 2017: On First Looking At The New Code Amendments
March 21, 2017: Order In the Skyways: A Comment on the Regulation of Drones
January 27, 2017: Some Thoughts On Teaching Evidence?
December 13, 2016: What Is Advocacy?
December 12, 2016: Episode 48 of the Ideablawg Podcasts on the Criminal Code of Canada: Mutiny!
October 25, 2016: R v Anthony-Cook and the Community's Sense of Justice
August 15, 2016: episode 47 of the ideablawg podcasts on the criminal code of canada: section 52 - sabotage or there is more to this than a wooden shoe! (Podcast and text)
August 11, 2016: Modernizing Circumstances: Revisiting Circumstantial Evidence in R v Villaroman
July 24, 2016: Episode 46 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 51 – Intimidating Parliament or Legislature
July 15, 2016: The Probative Value of Technological Evidence (Revised with corrigendum)
July 5, 2016: On DLW decision and the Meaning of Modernity
June 13, 2016: Episode 45 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 50 Assisting the Enemy and Failing to Prevent Treason
May 24, 2016: Who Are the “Parents of the Nation”? Thoughts on the Stephan Case and Section 215 of the Criminal Code
April 2, 2016: In Praise of the Passionate Lawyer
March 28, 2016: R v LSM and the “Sanctity” of the Joint Submission: A Case Commentary for ABlawg (http://ablawg.ca)
March 19, 2016: Episode 44 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 49 – Alarming The Queen
February 1, 2016: Episode 43: Section 46 – It’s High Time To Talk About Treason – The Ideablawg Podcast on the Criminal Code of Canada
December 19, 2015: Riesberry: Does It Get Past The Post?
November 20, 2015: Episode 42 of the Ideablawg Podcasts on the Criminal Code of Canada - Section 45 and Surgical Operations
September 16, 2015: Episode 41 of the Ideablawg Podcasts on the Criminal Code of Canada - Section 43: The Correction of A Child
August 10, 2015: R v Borowiec On Infanticide: Does the Crime Fit the Time? Case Commentary as posted on ABlawg
June 23, 2015: Episode 40 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 35 - Defence of Property
June 6, 2015: Episode 39 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 34 - Defence of the Person
May 16, 2015: Thoughts on St-Cloud Or How Everything Old Is New Again
May 5, 2015: Section 33.1 & How Intoxication Became A Form Of Mens Rea: Episode 38 of the Ideablawg Podcasts on the Criminal Code of Canda
April 17, 2015: Does the Stinert Decision Signal the End of the Preliminary Inquiry? case commentary is posted on Ablawg
March 29, 2015: The Suppression of Riots, Manifestly Unlawful Orders, And The Prevention Of Serious Mischief Under Sections 32 & 33: Episode 37 of the Ideablawg Podcasts on the Criminal Code of Canada
March 20, 2015: Bail Pending Appeal And The Public Interest: The Effect of the Alberta Court of Appeal Decision In Rhyason
March 6, 2015: Episode 36 of the Ideablawg Podcasts on the Criminal Code of Canada: Preventing Breach of Peace – Sections 30 and 31
February 13, 2015: Sections 28 and 29 – Executing A Warrant: Episode 35 of the Ideablawg Podcasts on the Criminal Code of Canada
February 8, 2015: A Short Note On The Impact of the SCC Carter Decision On Section 14 of the Criminal Code And On Consenting To Bodily Harm
January 23, 2015: Episode 34 of the Ideablawg Podcasts on the Criminal Code of Canada: Sections 27 and 27.1 – The Use of Force in Preventing the Commission of an Offence
January 1, 2015: A Fresh Look At Fearon: How Language Informs the Law
December 18, 2014: My 2014 CLawBie Nomination: CanLii Connects!
December 6, 2014: Episode 33 of the Ideablawg Podcasts on the Criminal Code of Canada: Section 26 - Criminal responsibility for Excess Use of Force
November 8, 2014: A Short Note On Why Behavioural Economics Matters To Criminal Lawyers
November 2014: Is This What's Wrong With Jobidon - The Intersection of Consents In Sexual Assaults and Assaults
October 23, 2014: Sections 25.1 to 25.4 on the Law Enforcement Justification Provisions: Episode 32 of the Ideablawg Podcasts on the Criminal Code of Canada
October 11, 2014: The Assisted Suicide Debate: A Legal Primer
October 9, 2014: Section 25 - Part II: Episode 31 of the Ideablawg Podcasts on the Criminal Code of Canada
September 14, 2014: The Scope of Appellate Review and Reasonable Apprehension Of Bias: The Supreme Court of Canada and the Mian case
September 13, 2014: Section 25 - The Necessary Use of Force Part One: Episode 30 of the Ideablawg Podcast on the Criminal Code of Canada
August 8, 2014: Section 24 - Attempting the Impossible: Episode 29 of the Ideablawg Podcast on the Criminal Code of Canada
July 31, 2014: Lessons from the Hart Case - A long Way From Wray?
July 30, 2014: Section 23.1 - The Limitless Criminal Law: Episode 28 of the Ideabalwg Podcasts on the Criminal Code of Canada
July 17, 2014: Section 23 - Accessory As A Mode of Participation: Episode 27 of the Ideablawg Podcasts on the Criminal Code of Canada
June 20, 2014: Sections 22.1 and 22.2 - When Corporations Are Crimnal: Episode 26 of the Ideablawg Podcasts on the Criminal Code
June 6, 2014: When Counsellling is a Crime - Section 22: The ideablawg Podcasts on the Criminal Code of Canada
May 27, 2014: Parties Part 2: Common Intention: The Ideablawg Podcasts on the Criminal Code of Canada
May 19, 2014: Episode 23 of the Ideablawg Podcasts on the Criminal Code of Canada - Section 21 - Parties and Modes of Participation
April 24, 2014; Section 20 - On Holiday: Episode 22 of the Ideablawg Podcasts on the Criminal Code of Canada
April 14, 2014: Section 19 and Ignorance and the Law: Episode 21 of the Ideablawg Podcasts on the Criminal Code of Canada
April 4, 2014: Section 18 – A Duress Addendum? Episode 20 of the Ideablawg Podcasts On The Criminal Code of Canada
March 22, 2014: Section 17 - The Statutory Defence of Duress
March 18, 2014: Making A Split Decision In the Supreme Court of Canada
March 16, 2014:Ideablawg's Weekly Connections: Inside The Courtroom
March 10, 2014: Episode 18 of the Ideablawg Podcasts - Section 16 of the Criminal Code - the Defence of Mental Disorder
March 8, 2014: Ideablawg Weekly Connections: International Women's Day
February 26, 2014: Episode 17 of the Ideablawg Podcasts - Section 15 of the Criminal Code: De Facto Laws, Criminal Responsibility and War Crimes
February 23, 2014: Ideablawg Weekly Connections: The Olympic Edition
February 22, 2014: When Dissent In The Supreme Court Matters
February 17, 2014: Ideablawg Weekly Connections: Peace and Violence
February 16, 2014: Section 14 of the Criminal Code - Consenting To Death
February 9, 2014: Ideablawg's Weekly Connections: From Pronouncing to Pronouncement
February 7, 2014: Section 13 - Age As A Defence: Episode 15 of the Ideablawg Podcast on the Criminal Code of Canada
February 2, 2014: Ideablawg's Weekly Connections: From Justitia to Tupac
January 31, 2014: Section 12 of the Criminal Code: Anyone Want To Play Jeopardy?
January 26, 2014: Ideablawg Weekly Connections: From Google Glass to Chaucer
January 19, 2014: A Week of Connections! From Fuentes to Chutzpah
January 9,2014: Section 10 of the Criminal Code – Revisiting The Common Law Contempt of Court: Episode 12 of the Ideablawg Podcast on the Criminal Code of Canada
December 16: A Long Holiday Read (Or Listen) - Episode 11 of the ideablawg Podcasts On the Criminal Code of Canada: Sections 8 and 9 - Codification vs. Common Law - Is Our Code Big Enough?
November 29: Episode Ten of the Ideablawg Podcasts on the Criminal Code of Canada: The "Passive- Aggressive" Nature of Sections 6(2) and 7
November 16: Episode Nine of the Ideablawg Podcast on The Criminal Code of Canada: Section 6 and the Golden Thread Metaphor
November 10: Episode 8 of the Ideablawg Podcasts on The Crimianl Code of Canada: Section 5 and Military Law
November 4: Poof Into Thin Air! Where Have All The Defences Gone: The Supreme Court of Canada and the Air Of Reality Test
October 26: Sections 4(4) to (7) - The Three "S" Words: Episode Seven of the Ideablawg Podcasts on the Criminal Code of Canada
October 14: Section 4(3) of the Criminal Code - Possession as an Example of Judge Made Law: Episode Six of the Ideablawg Podcasts on the Criminal Code of Canada
October 4: Section 3.1 and The Effect of Judicial Acts: Episode Four of the Ideablawg Podcasts on the Criminal Code of Canada
September 30: Text and Podcast - Episode Three of the Ideablawg Podcast on the Canadian Criminal Code: Section 3 "For Your Convenience Only"
September 23: Episode Two of the Ideablawg Podcast
September 20: Thoughts On The Intersection of Law and Art
September 14, 2013: The Ideablawg Criminal Law trend for 2013-2014: On Sentencing and On Podcasting
July 4, 2013: Calgary's Rough Ride Through Emergency Laws
June 4, 2012: Subjective/Objective Mens Rea Debate Explained
April 30, 2013: Terrorism and Exceptional Circumstances: is There A Public Interest In The Right To Counsel?
April 15, 2013: This Is Thought-Provoking: The Supreme Court of Canada To Hear Argument on the Provocation Defence
March 19, 2013: Canada's New Defence of the Person Section: Is It Too Reasonable?
March 12, 2013: The Magnotta Case and The Exclusion of the Public
March 7, 2013: The Philosophy Of Testimony And Belief And the Criminal Law
February 23, 2013: The Fearon Case and the Police Common Law Power To Search Incident To Arrest
February 7, 2013: Reasonable And Probable Grounds And the Theory of Knowledge
February 4, 2013: What's Up At The Supreme Court of Canada
January 31, 2013: Not To Make Excuses But - The Supreme Court of Canada's (Un)Responsiveness To Excuses
January 16, 2013: The Pham Decision And The Human Face In Sentencing
January 15, 2013: Is Reasonable Suspicion Going To The Dogs?
January 10, 2013: Queen of The North Update
January 9, 2013: Is The Law Round?
January 8, 2013: Searches, Verdicts, and Sentences
January 4, 2013: The Power of Blogging!
January 3, 2013: Is The Supreme Court of Canada Kicking It Old School?
December 20, 2012: A Balancing Act: the Supreme Court of Canada and testifying Behind The Veil
December 19, 2012: Important Cases To Be Released By The Supreme Court of Canada
December 10, 2012: What Are Human Rights Anyway?
November 11, 2012: In Rememberance: The Legacy of Mr. Justice Henry Nolan
November 7, 2012: Criminal Law and the Science of Prediction
October 21: Touching On The Biographical Core of Personal Information: The Supreme Court of Canada’s Decision in Cole
July 13 - Assisted Suicide Appeal
June 6 - Extraditing Magnotta
May 25 - In Defence of Civil Disobedience
May 22 - In Incivility of Civil Disobedience
April 25 - The Legal Politics of Suessville
April 15 - Are You Listening To This? The Constitutionality of the Interception of Private Communications
April 5 - Blog Update: the Spy and the Pamphleteer
March 22 - War Crimes
March 17 - Blogs as Graffiti
March 12- The Omnibus Crime Bill
February 25 - Safety First: Laboratory Safety and the Criminal Code
February 23 - The Trial Judge Deserves Deference!
February 16 Reading The Riot Act
February 8 Charles Dickens Is On The Side Of Justice
February 5 In The Name Of Her Majesty’s Criminal Law
February 2 Let’s Talk About: Diplomatic Immunity
January 27 The Goudge Report And Expert Evidence
January 25 Whatcott In The Courts Again
January 21 Spy Vs. Spy
January 19 The Internet Is Here Stay!
January 17 Required Reading For the Criminal Lawyer
January 16 Public Disasters and the Criminal Law
January 9 - The Art of Taking (and Giving) Art
January 7 - The Infinite Lists of Law
January 5 - Freedom of Expression: Poems, Posters, and Billboards as a Form of Complaint
January 1 - Innovate In 2012
December 31 - Shakespeare Courts and The Promise To Marry
December 30 - Bleak House and The Court of Chancery
December 27 - Ask "Why" when Discussing Criminal Law
December 26 - Legally Minded Books
December 24 - Longreads
December 23 - Connecting Havel, Hitchens, and Kim Jong-il
December 22 - What's A Reference Case?
December 21 - Legal Language Explorer
December 20 - Holiday Gifts For The Legally Minded
December 19 - Marking Papers!
December 18 - Famous (Legal) Battles Of Ideas
December 17 - Marking Papers!
December 16 - Were The Wright Brothers Right? A lesson In Patent Law
December 15 - Testifying Behind The Veil: The Human Factor
December 14 - Testifying Behind The Veil: The facts In The N. S. Case
December 12 - Occupy Canada and Impaired Driving Alberta
December 11 - Human Rights, Science and Literature
December 10 - Connecting With International Human Rights Day
December 9 - Let's Talk About: the Criminal Justice System
December 8 - The Power Of Apologies
December 7 - Does the Occupy Movement Have Injunctionitis?
December 6 - Injunctions And The Charter: Part Two
December 5 - Injunctions And The Charter: Part One
December 4 - Follow Up: The Name Brand Claim Game
December 3 - "Teaching Moments" and The Charter
December 2 - Follow Up To Yesterday's Post
November 30 - The Alberta Drinking And Driving Law Blogs
November 29 - Administrative Tribunals and Duties of Fairness
November 26- Holiday Gifts
November 25- Proofiness: A Companion Blog
November 24- The Optics Of Tougher Impaired Driving Laws
November 23 - The Occupy Movement And The Charter
November 21 - Blog Update: The Limits Of Expression
November 20 - Impression And Claim: Are They Both The Same?
November 19 - A Message of Tolerance
November 18 - Pushing The Expression Envelope: Semiotics
November 17 - Music, Noise, And Expression
November 16 - Judges As Poets?
November 15 - Poetic Justice Revisted
November 14 - Legal Intuition
November 13 - Three Updates For A Sunday
November 12 - The Art and Science Of Connections
November 11 - Lest We Forget
November 10 - Thirty Day Review
November 9 -Freedom of Expression in the Classroom
November 8 - The Pridgen Case and Freedom Of Expression On Campus
November 7 - Is Saying Sorry Enough?
November 6 - It Never Hurts To Say You're Sorry
November 5 - What's In A Word? From Treason To Celebration
November 4 - Creating A Positive Out of A Negative
November 3 - Part Two: Occupying Public Space
November 1 - Caring Communities, Crime, and Jane Jacobs
October 31 - It's Halloween: Are You Scared?
October 30 - Being Charitable
October 28 - Impaired Driving: A Little Diversion
October 27 - A Lesson On How To Get Tough On Impaired Driving
October 26 - There is No Road To Redemption
October 25 - On The Road To The Supreme Court of Canada
October 24 - Where Has Redemption Gone
October 23 - Blog Interruption: To Kill A Mockingbird
October 22 - The Road Not Taken By The Supreme Court of Canada
October 21 - Where The Wild Things Are
October 20 - How To Celebrate Persons Day Next Year
October 16 - Is Violence The Word?
October 14 - Poetic Justice?
October 13 - Would You Like Some Coffee With That Mug-Shot?
October 12 - Expression, Law, and Literature
October 11 - Is "Innocent Nudity" Expression?
October 10 - Warrants to Take Bodily Substances