About Norman E. Yates

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So far Norman E. Yates has created 21 blog entries.

Good Samaritan Drug Overdose Act

The Good Samaritan Drug Overdose Act came into effect on May 4, 2017, amending s. 4(1) of the Controlled Drugs and Substances Act to provide immunity from charges of simple possession of a controlled substance for anyone seeking emergency medical or police assistance for themselves or anyone else experiencing a drug overdose. The new […]

By | July 12th, 2017|

Small Claims Court Jurisdiction?

You can sue someone in Small Claims Court (for up to $25,000 not including interest or court-related cost, such as filing fees):

  • For debts or property (other than land) including things like lost wages or income
  • For damages due to personal injury
  • For the return of something
  • For payment of an outstanding debt pursuant to […]
By | December 7th, 2016|

So: You Want to go to Disneyland

There is a complicated list of reasons why it can be difficult to travel to the US. The US Customs and Border Protection website discusses some of them, such as the effect of having a criminal record, but it can be confusing. The Canadian Border Security Agency and the US Customs and Immigration Services can […]

By | November 24th, 2016|

The Court’s Coat-of-Arms

A coat-of-arms hangs on the wall behind the judge’s chair in BC’s courtrooms. Going back to colonial times, it symbolizes the sovereign’s authority in the courtroom. Featuring two slogans: “Dieu et Mon Droit”; and “Honi Soit Qui Mal y Pense”, it is not the official coat of arms of the British monarch but […]

By | November 17th, 2016|

Evolution of Sex Assault Decisions Regarding ‘Consent’ – Supreme Court of Canada*

There must be evidence to support an ‘honest belief’ that the complainant consented: R v Pappajohn (1980).

An defendant cannot be willfully blind about consent: R v Sansegret (1985).

Consent must be freely given, and ‘implied consent’ is not a defence in sexual assault cases: R v Ewanchuk (1999).

A sexual assault is not just about […]

By | November 8th, 2016|

Unlawful Search – Privacy Rights & Social Media – R v Craig

Criminal Law – Search & Seizure – Social Media

Charged with sexual interference, sex assault and Internet ‘ the defendant first contacted the 13-year old complainant over using a social networking site on the Internet before meeting in person and subsequently had sex, after which the complainant didn’t want any further contact but communicated with […]

By | October 21st, 2016|

S. 523 and 525 Bail Reviews – Summary

There is often confusion about whether and when a person is entitled to a bail review. The short answer is that, although a person who has been remanded in custody may be entitled to a bail review, the justice (ie: Provincial Court Judge or JP) who denied bail has to have made an obvious error, […]

By | September 15th, 2016|

R v. Safarzadeh-Markhali

R v. Safarzadeh-Markhali The Supreme Court of Canada recently ruled the Criminal Code provision regarding pre-sentence or remand custody is unfair, in R v. Safarzadeh-Markhalit, 2016 SCC 14. The law that offenders from getting ‘enhanced credit’ is no longer valid. The Criminal Code provisions stem from the Truth in Sentencing Act which was designed […]

By | August 11th, 2016|

Bail Reviews

Pursuant to s. 525(1) CCC where an accused is charged with an indictable offence and detained pending trial, he is entitled to a bail review unless he is also detained on another matter. The ‘person having custody’ of him is required to apply to a judge to fix a date for hearing after 90 […]

By | July 21st, 2016|