Insights

Defence counsel across the country applauded a decision from the Supreme Court of Canada (“SCC”) handed down on June 18, 2020. In R v Zora, 2020 SCC 14 (“ Zora”), the SCC unanimously ruled that an accused must subjectively know they are breaching their bail conditions to be convicted. Mr. Zora was convicted by the lower courts in British Columbia...

Like many of you, my social media timelines were recently inundated with headlines such as: “ Ontario Court of Appeal rules intoxication can be used as a defence in sexual assault and violent crime cases” “ Ontario Court of Appeal passes new ruling that is yet another assault on women! Intoxication is now an excuse for sexual assault” " A painful...

Although surrogacy in Canada is legal, compensating or otherwise paying your surrogate for a profit is not. Section 6 of The Assisted Human Reproduction Act prohibits the payment of surrogates, offers to pay surrogates and/or advertising to pay surrogates. Although commercial surrogacy is legal in the United States, surrogates in Canada cannot...

Many people when they are arrested or detained are asked to provide a statement by the police. In Canada, you are not obligated to give a statement. A statement can only be used in evidence against you if it is being given freely and voluntarily, in other words, without any promise or threat, and not given under such oppressive conditions that you...

Section 10 of the Canadian Charter of Rights and Freedoms provides that if you are arrested or detained you are to be: Advised of the reason for your arrest or detention; Advised of your right to contact counsel forthwith; and Given a reasonable opportunity to exercise that right. Many people assume that anytime a police officer or person in...

The Defence Group defends individuals and companies charged with all criminal and regulatory offences. If someone is the subject of a criminal or regulatory prosecution, some type of investigation was conducted by law enforcement or a regulator which resulted in charges. When charged, an accused person or company is entitled to disclosure. In...

With the rise of the COVID-19 pandemic, and its arrival here in Saskatchewan, many are justifiably focused on taking the necessary healthcare precautions to minimize the risk of both acquiring the virus, and spreading it to others. These concerns are understandably heightened in those environments more conducive to the spread of COVID-19, such as...

We have been keeping an eye on how the world is changing as governments and the business sector across the world tries to grapple with the reality of COVID-19 in an effort to contain the virus. Immigration, Refugees and Citizenship Canada (IRCC) has been providing several updates in the past few weeks to reflect the change in how they are...

A. Introduction In the midst of our world being turned upside down by COVID-19, it may have gone unnoticed that on March 18, 2020, the Provincial Government made changes to how PST is applied to new homes constructed in Saskatchewan. This should come as welcome news to home builders and potential buyers who have argued that the addition of 6%...

Due to the significant health concerns caused by the COVID-19 pandemic, the Court of Queen’s Bench for Saskatchewan published a Directive and Advisory, dated March 19, 2020 (the “Directive”) which restricts family law applications to “urgent” and “emergency” matters. What’s In Place? Effective March 19, 2020 all previously scheduled Pre-trial...

With government measures enforcing social distancing, self-isolation, and ordering the closure of non-essential businesses and schools, many parents are left wondering what this means for their children who share time between two households. Now more than ever children need their parents to cooperate to ensure this difficult situation does not...

Introduction With the COVID-19 pandemic upon us, many corporations and individuals are taking precautions to protect their employees, themselves, and are engaging in the practice of social distancing in accordance with the direction of health care and government officials. The courts across the country are no exception. In Saskatchewan, multiple...