Day: May 16, 2014
By Ken Fox
The Law Society Library provides the Classic Edition of Canada Law Book’s Criminal Spectrum to all Saskatchewan members. Access the service through the Members Section.
The full contents of the service can be searched via the Custom Content and Boolean templates. There are also separate templates for searching Case Law, Legislation, and Commentary.
The Commentary includes several well-known Canadian legal texts:
- Martin’s Commentary
- Criminal Law Quarterly
- Canadian Criminal Procedure (Salhany)
- Drug Offences in Canada (MacFarlane, Frater & Proulx)
- McWilliams’ Canadian Criminal Evidence (Hill, Tanovich & Strezos)
- Sentencing (Clewley, McDermott & Young)
- Youth Criminal Justice Act Manual (Harris & Bloomenfeld)
In the Commentary template, the main search box asks for a word or phrase, with options for an OR search or a phrase search. The default operator is AND. If I want to search for commentary on when it is reasonable for officials to search a garage, I might try entering:
This search returns 24 hits, including a section from Chapter 19 of Drug Offences in Canada that explains the Charter standards on when a search of private property is authorized, with two different paragraphs discussing searches of garages.
To narrow your search to certain texts, simply click on the tick-boxes beside the titles of the texts you are interested in.
If you have any questions about this or other online resources provided by the library, please don’t hesitate to contact us.
Case Mail volume 16, no. 10 (May 15th) is now available on the Law Society website. Produced by the Law Society Library, Case Mail is a free semi-monthly electronic newsletter of digests of Saskatchewan cases with links to fulltext decisions on CanLII. Numerous areas of law are covered, including this case dealing with the seizure of criminal property:
Saskatchewan (Director under The Seizure of Criminal Property Act, 2009) v. Kotyk, 2013 SKCA 140 – Court of Appeal, Cameron Herauf Whitmore, December 20, 2013 (CA13140)
The director appealed the dismissal by a Queen’s Bench Chambers judge of a forfeiture application relating to $13,500 in cash seized from the respondent Kotyk. The Chambers judge held that the totality of the director’s material mounted to “no evidence”. As a result, the Chambers judge held that he could not make an inference to support the director’s assertion that the money was either the proceeds of, or an instrument of, unlawful activity (see: 2013 SKQB 182). The appellant submitted that the Chambers judge erred by applying a more onerous standard of proof than that on a balance of probabilities.
HELD: The Court allowed the appeal. It found that the suspicious circumstances found by the judge constituted evidence and that there was sufficient evidence to support the director’s belief that the money was tainted by crime. The Chambers judge misapplied the standard of proof on a balance of probabilities and looked for more than what was required. He failed to draw the reasonable inference that the source or intended use of the money was related to illicit trade of drugs. The Court made an order for forfeiture under s. 7 of The Seizure of Criminal Property Act, 2009.