Law Times

PAGE 10 FOCUS NOVEMBER 21, 2011 • LAW TIMES Government seeking leave to appeal at SCC Continued from page 9 for prosecution even if the answers are given only to provide reasonable grounds for an arrest," he says. "Th at is also a vio- lation of s. 7." Th is broader application was in no doubt a factor motivating the Crown's application for leave to appeal to the Supreme Court of Canada on Sept. 2. Th e application for leave says the Court of Appeal erred in failing to fi nd that the admission of compelled statements either didn't infringe the respondents' right against self-incrimination or that it was a reasonable limit pursuant to s. 1 of the Charter. It accuses the decision of undermining an eff ective investigation in cases where public safety concerns are at their highest, in this case when pro- tecting people from the carnage caused by impaired drivers. It's not so diffi cult to frame the same argument in the context of protecting the public from environ- mental harm as well. Th e argument before the Supreme Court will revolve around the correct interpretation of its earlier decision in R. v. White, in which the majority held that statements made under compul- sion in relation to s. 61 of the Motor Vehicle Act are inadmissible in crimi- nal proceedings because their admis- sion would violate the principle against self-incrimination. Reasons given then were that the relationship between a driver and an offi cer receiving an accident report is potential- ly adversarial because of the offi cer's dual role in obtain- ing information and inves- tigating crime; the prospect of unreliable confessions; and the danger of abusive conduct by the state. An argument raised in the Court of Appeal plead- ings but not addressed in the judgment was that the use of the statement for a limited purpose is a reason- able limitation justifi able under s. 1 of the Charter. Th is followed earlier cases in which impugned evidence was admis- sible for the limited purpose of forming Dianne Saxe part of a police offi cer's rea- sonable suspicion. "Th e debate whether s. 1 applies to s. 7 at all is still up in the air," says Gold. "Th ere is some earlier dicta that says it doesn't apply, then some cases that say it does. It's hard to imagine a case where there could be reasonable limitations on a s. 7 off ence. It is so fundamental that it can never be allowed." If the Supreme Court grants leave to appeal, then, it's certain that environmental lawyers will be fol- lowing the arguments in the case with interest as well. GAIN INSIGHT INTO THE LEGAL DYNAMICS OF A REAL ESTATE TRANSACTION NEW PUBLICATION LECTURES IN REAL ESTATE TRANSACTIONS PAUL PERELL, B.A. (TORONTO), LL.B., LL.M., Ph.D. (OSGOODE), L.S.M. Gain insight into the mechanics and legal dynamics of a real estate transaction. Lectures in Real Estate Transactions is a valuable new resource that covers the fundamentals of a real estate transaction from beginning to end, including mortgages and remedies. Written by an experienced judge and professor, this new title presents information in an easy-to-understand style and includes references to leading case law. A WEALTH OF INSIGHT AND PRACTICAL TAKE-AWAYS Lectures in Real Estate Transactions covers the essentials of the sale and mortgaging of land: • The Agreement of Purchase and Sale – contractual rights • Transfer of Title • Real Estate Agents – their rights and obligations • The Registry Act and the Land Titles Act – how ownership of land is registered and investigated • The Planning Act • Remedies for Breach of Contract for the Sale of Land – how damages are calculated, when specific performance is available, the role of the deposit, and more • Mortgage Remedies. ORDER # 804548-67489 $140 Hardcover approx. 360 pages August 2011 978-0-88804-548-5 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.canadalawbook.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 CANADA LAW BOOK® 00183VE-A27246-67489_LawTimes9.875x11.625.indd 1 www.lawtimesnews.com 8/29/11 3:52 PM Lectures in Real Estate Transactions is an indispensable resource. It is a study in the fundamental principles of contract law, tort law, restitution, and property law in the context of a transaction involving the sale of land and in the broader context of commercial transactions.

• Cover
• Monetary Penalties
• Repatriation Revisited
• Focus On Environmental Law