Figuring out the effects of the latest abortion
ruling is child's play compared with unpacking the consequences of decisions like Wardlow and Kyllo
on policing or the effects of cases like Miller - El and Booker
on criminal trials and
plea bargains.
On drug offences, the book says prosecutors should stick with the mandatory sentence where it is supported by the facts and, as a general
rule, not discard the minimum to achieve a
plea bargain.
The taxpayers argued that it was appropriate to deal with these issues before the hearing, whereas the Crown argued that these issues could not be determined
on a
Rule 58 motion because, in this case, the facts arose from a
plea bargain rather than a determination by a court, the agreed facts did not address the GST liability of the corporation or the other individual's income tax liability, and the facts (and tax liability) of a criminal proceeding would only prohibit the parties from alleging a lower tax liability in a civil proceeding.