Bill C-75 — “routine police evidence” clause removed from the Criminal Code amendments (2018)
After Stephanie Heyens published her analysis of Bill C-75, she was invited to appear before the House of Commons Standing Committee on Justice and Human Rights in September 2018 as an individual. The National Post covered MPs citing her presentation and committee testimony as they debated the bill. MPs ultimately removed the controversial police-evidence clause.
Preserving Our Rights
“When I picture how a trial will proceed upon the filing of a police officer’s solemn declaration, I see consequences that pierce the very heart of due process and fundamental rights for accused persons. … Reversing the onus at a criminal trial is not a minor infringement of an accused’s rights.”
Cases That Changed the Law
Client was granted a conditional discharge for a sexual assault. After presented little-known but binding case law from a higher court, the presiding judge agreed that when a conditional discharge is ordered, the offender need not register for the Sexual Assault Information Registry (SOIRA).
Why it matters: A conditional discharge for sexual assault does not require registration in the Sexual Assault Information Registry.
The bail court judge detained my client asserting that the principles cited in
R. v. Gladue regarding the overincarceration of aboriginal persons were not relevant to bail. At the Bail Review, the Crown Attorney agreed that Gladue principals do apply to bail hearings and the presiding Justice confirmed it. Client released on his own recognizance.
Why it matters: Gladue principles apply at bail, so Indigenous accused must have their circumstances considered before detention.
The defence filed repeated requests to have a search warrant affidavit / information to obtain disclosed. Materials were provided so late that a motion to stay proceedings on the basis of unreasonable delay was filed. Justice Nordheimer not only granted the motion to stay, but ruled that informations to obtain are Stinchcombe disclosure. As a result the Attorney General changed its policy.
Why it matters: Defence can obtain key search-warrant materials earlier, so accused people can see important police paperwork sooner.