Ryan Clements @RyanHClements

Criminal defence & professional regulation lawyer. Adjudicator on tribunals. Occasionally commutes by Twin Otter. Criminal appeal Tweets mainly. ryanclements.ca Joined May 2018

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Ryan Clements @RyanHClements

2 years ago

2023 SKCA 123: no implied licence to walk up a driveway on private property to investigate parked vehicle (running, lights on, & accused in driver's sea) by knocking on window & opening door. Police investigating complaint of speeding & possible impairment canlii.org/en/sk/skca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 SKCA 105: loaded firearm excluded under 24(2) b/c officers, in carrying out an unlawful detention, placed undue weight on suspect’s known gang affiliation & the nature of the neighbourhood, despite absence of particularized involvement in criminality canlii.org/en/sk/skca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 ABCA 345: Justice Martin critical of the Crown’s charging decision in this case, noting that it was “not in keeping with our general obligation to minimize the exposure of Indigenous people to penal consequences, particularly for non-violent offences” canlii.org/en/ab/abca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 MBCA 85: defence counsel’s submissions to jury about “me too” - “we live in dangerous times. An environment of blame” & “anyone who is unhappy…claim they too have been abused” - were inappropriate, without foundation, and might distort fact-finding canlii.org/en/mb/mbca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 NSCA 84: “astonishing” & “disturbing”, new trial ordered b/c judge - who made intemperate in-court comments showing reasonable apprehension of bias - tried to delete the comments from the record and to prevent the court of appeal from considering them canlii.org/en/ns/nsca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 NLCA 35: there is a reasonable expectation of privacy in interior of one’s vehicle that extends to any integral component of vehicle, including the Airbag Control Module, a computer that stores data about speed within 5 seconds of airbag deployment canlii.org/en/nl/nlca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 SCC 30: Where grounds for arrest are based on evidence that is later found to have been unlawfully obtained, courts must excise this evidence from factual matrix in order to determine whether the police had reasonable and probable grounds for arrest canlii.org/en/ca/scc/doc/…

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Cabin Radio @CabinRadio

2 years ago

"I can’t say enough for what he’s meant to my career." Retiring defence lawyer Peter Harte was hailed by colleagues for his impact on the profession in the NWT. cabinradio.ca/158970/news/ye…

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Ryan Clements @RyanHClements

2 years ago

Job alert 🚨: amazing criminal law opportunity in Yellowknife, w/ travel across region. Meaningful, interesting work. Wonderful colleagues. Vibrant community. Northern lights & midnight sun. No better place to train. Once did this so DM with any questions gov.nt.ca/careers/en/job…

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Ryan Clements @RyanHClements

2 years ago

2023 SKCA 107: murder conviction overturned due to ineffective assistance of counsel who, b/c he summarily dismissed his own client's account of self-defence, failed to advise him about the defence, including consequence of not testifying in support of it canlii.org/en/sk/skca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 SKCA 109: intoxication can lead people to make choices they would not have made if they were sober - and to have no memory of it - and this must be considered when evaluating "proclivity evidence", testimony that complainant "would not have consented" canlii.org/en/sk/skca/doc…

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Ryan Clements @RyanHClements

2 years ago

Cross Country Noteup - Criminal Appeals from July/August 2023 canliiconnects.org/en/commentarie…

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Ryan Clements @RyanHClements

2 years ago

2023 YKCA 8:LEAF denied leave to intervene on whether jury should be able to consider, in support of mistake of age defence, evidence unknown to accused relating to complainant’s maturity that might corroborate his own observations of her level of maturity canlii.org/en/yk/ykca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 NSCA 58: Derrick JA, for maj., upholds conditional sentence for incest, noting that Bill C-5 intended to address “systemic anti-Black racism and the well-documented over-incarceration of racialized offenders”. Dissent: penitentiary sentence required. canlii.org/en/ns/nsca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 ONCA 526: judge wrongly rejected witness' testimony that drugs in car were his b/c he hadn’t told police this before testifying. But this was a “sensible choice" given protections against self-incrimination & not inconsistent w/ desire to help accused canlii.org/en/on/onca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 BCCA 319: ineffective assistance due to counsel’s failure to realize that 👑’s offer was "extremely good" & that “advantage of certainty” from joint submission was important here b/c judge warned of ⬆️ sentence if not constrained by a joint submission canlii.org/en/bc/bcca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 NWTCA 5: 👑 leave denied. The 90-day mandatory minimum for 151(b) sexual interference is so clearly unconstitutional that it cannot be reasonably argued otherwise. Note the CJ of Alberta all but overturns 2022 ABQB 197, currently binding in Alberta. decisia.lexum.com/nwtcourts-cour…

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Ryan Clements @RyanHClements

2 years ago

2023 NSCA 55: the mandatory minimum sentence for even the most sympathetic foreign national impaired driver - which, by imposing a conviction and not permitting a discharge, will likely result in deportation from 🇨🇦- does not violate s. 12 of the Charter. canlii.org/en/ns/nsca/doc…

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Ryan Clements @RyanHClements

2 years ago

2023 ONCA 518: judges can take into account evidence excluded from Charter breaches when determining whether other evidence should also be excluded. Here, 👑 concession that statements were inadmissible lessened “negative impact” of serious 10(b) breaches coadecisions.ontariocourts.ca/coa/coa/en/ite…