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House of Commons Justice Committee conducts Year 3 review of controversial provisions of the Criminal Code (ss. 25.1-25.4)

On Feb 1, 2002, Bill C-24, the law enforcement justification provisions (ss. 25.1-25.4 of the Criminal Code) were proclaimed. These sections permit police and their agents to break the law during the course of a criminal investigation under conditions specified in those sections. The Canadian Bar Association’s submission to the Justice Committee reiterated concerns the CBA raised five years ago when C-24 was up for debate before Parliament. The primary concern being that this type of “ends justifies the means” measures are open to abuse. Specifically the provisions have a significant potential to undermine the integrity of the administration of justice because they function to excuse intentional violations of the law by agents of the state when they are involved in a criminal investigation. Click here for an article on the subject that appeared in the Law Times in late June.

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Recent News
19 Nov 2012

In July 2012, Mr. DelBigio joined leading tax firm Thorsteinssons LLP as Counsel in that firm’s tax litigation group. Mr. DelBigio will be offering clients his significant expertise in cases involving tax evasion, search and seizure and constitutional defences. Mr. DelBigio will continue to service ongoing clients and offer criminal defence services for other criminal.

17 Jun 2010

As recently reported by the Canadian Bar Association, the Air India Inquiry final report, released on June 17, made a number of recommendations that were consistent with proposals made by the CBA in its intervention at the Inquiry. The report singled out the CBA’s submissions on the relationship between intelligence and evidence and the challenges.

2 May 2010

“Court can order lawyers to work for free,”* April 9, 2010, Lawyers Weekly. View the article. In this case a criminal defence lawyer (Cunningham) was employed by Yukon Legal Aid to represent an accused charged with sexual offences against a young child. The accused failed to update his financial information as required by Legal Aid.