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Canada Case Law

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Charter (s.11(d)) 2009 BCSC 591

R. v. Miller

The court held that Mr. Miller did not validly waive his s. 11(d) rights because the ticket did not clearly disclose penalty points. The deemed guilty plea was quashed and the matter remitted for a hearing.

  • Waiver of s.11(d)
  • Deemed conviction under s.16 offence act
  • Notice requirements
  • Penalty points system
  • Form a offence act forms regulation
  • Charter-s11d
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Criminal law 2008 BCSC 185

R. v. Violette

The court dismissed a pre-trial application for particulars in a criminal organization prosecution, finding the indictment and disclosure gave enough notice for a fair trial.

  • Particulars
  • Criminal organization offences
  • Indictment sufficiency
  • Prosecutorial discretion
  • Wiretap disclosure
  • Publication ban
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.