Tony Paisana

cbabc.org/bclc-criminal-… Please join us for a great conference. Some great speakers and a really unique format! @CBA_BC

Ten years post-Jordan nationalmagazine.ca/en-ca/articles…

The Supreme Court's 2016 Jordan decision took aim at a "culture of complacency" by imposing strict timelines for bringing criminal cases to trial. This week on Verdicts & Voices, Tony Paisana joins Alison Crawford to discuss what's happened since: bit.ly/4l8t9ay

A decade after the Supreme Court's landmark decision in Jordan, we talk to @TonyPaisana about the case that brought a sea change in the law. Have a read or a listen 🎧 nationalmagazine.ca/en-ca/articles…

verdictsandvoices.simplecast.com/episodes/jorda… Can't believe it's been 10 years!

R. v. Bentil, 2025 BCSC 1407: Juror discharged for not being cooperative or fully participating in the deliberative process. Trial judge finds that the juror's attitude/conduct created unacceptable difficulties in the deliberations after questioning all 12 jurors.

@igrantubc Good question. The relevant provisions are struck down in BC only for now of course, which I think would mean any application in BC would be governed accordingly. Just not sure off the top of my head if you have to bring the application where you were convicted or not.

@TonyPaisana Does this apply to people convicted in BC or also to those detained in BC ?

R. v. Mariani, 2025 BCSC 1298: the retroactive elimination of "Faint Hope" is unconstitutional. Faint Hope applications are now permissible for anyone convicted of the applicable offences before or after December 2011. Another "Truth in Sentencing" provision is struck down.

@SainiLaw I'll be there!

Was gonna go to Vancouver for a criminal law conference but who would I even hang out with for a week?????

I am pleased to announce that Peck and Company will be accepting articling applications for 2026/2027. Please submit your applications by July 15, 2025. If interested, please direct message me for further application details.

R. v. Attachie, 2025 BCCA 183: the mitigating effect of a guilty plea is enhanced if the Crown's case is weak. "A fragile Crown's case is a fundamentally important circumstance of the pleas, if not the most fundamentally important".

Join Jonathan Desbarats, Vicki Williams and Tony Paisana for a practical and provocative discussion on abuse of process in criminal litigation. This webinar will explore creative arguments, procedural strategies, and approaches to disclosure in abuse applications. Register now.

Forca 🇵🇹 🇵🇹!!!

R. v. Hardenstine, 2025 BCSC 889: Trial judge provides comprehensive review of ss. 7, 9 and 10 Charter rights in a case involving excessive force, a ruse stop and delay in providing access to counsel. #_Toc198025065" target="_blank" rel="nofollow noopener">bccourts.ca/jdb-txt/sc/25/…

R. v. Davidson, 2025 BCCA 111: The "step-up" is actually a principle of restraint, and it does not require that a higher sentence be imposed on repeat offenders:

R. v. Abdelkader, 2025 BCSC 139: "Standalone" public safety searches must be based on reasonable grounds to believe (not suspect) to be valid under s. 8 of the Charter. bccourts.ca/jdb-txt/sc/25/…

R. v. T.S., 2025 BCCA 25: Advance discussions regarding consent can be relevant to assessing an honest but mistaken belief. The question is not whether the complainant provided advance consent, but rather whether it's probative to the defence in conjunction with other evidence.

R. v. Mariani, 2025 BCSC 129: Elimination of faint hope for 1st degree murder declared unconstitutional under s. 12 of the Charter: bccourts.ca/jdb-txt/sc/25/…