Steven Penney (@Steven_Penney) header
Steven Penney (@Steven_Penney) profile picture

Professor @UAlbertaLaw ~ criminal law & procedure & evidence (and other stuff) ~ co-author of Criminal Procedure in Canada, 3d ed (LexisNexis, 2022)

Edmonton
Joined May 2008
Photo by Steven Penney (@Steven_Penney)Photo by Steven Penney (@Steven_Penney)Photo by Steven Penney (@Steven_Penney)Photo by Steven Penney (@Steven_Penney)Photo by Steven Penney (@Steven_Penney)
🚨 EVENT ANNOUNCEMENT – BRIGHT LINES OR BLURRED STANDARDS? POLICE POWERS AND THE CHARTER 🚨 Please join the Runnymede Society’s University of Alberta Chapter for an engaging discussion on police powers and the Charter with Prof. Steven Penney @Steven_Penney (Alberta) next Wednesday, November 26th! Police powers have increasingly become the domain of judges rather than legislators, but has judicial discretion gone too far? Prof. Penney will explore how the Supreme Court of Canada’s reliance on open-ended standards, like “totality of the circumstances,” might undermine legal clarity, predictability, and fairness. He argues instead for a rules-based approach that provides officers with clear guidance, litigants with reliable expectations, and courts with a consistent framework. Register by scanning the QR code or clicking here: campus.hellorubric.com/?eid=…
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Despite last week's Supreme Court decision, there's still a path for Ottawa to restore something close to a mandatory minimum sentence, argues @Steven_Penney 📺FULL INTERVIEW: youtu.be/u-_B0BFXxn4?si=QeBj…
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New piece from me in the NP: This simple fix will keep child porn minimum sentences without Sec. 33 | National Post share.google/KvnbCsogLk2nIDN…
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Steven Penney retweeted
ICYMI: @Steven_Penney: Four ways Poilievre can make ‘stop the crime’ more than a slogan FREE 3-month Hub subscription: thehub.ca/free-trial/ Full article here: thehub.ca/2025/02/13/steven-…
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New piece from me in @TheHubCanada.
.@Steven_Penney: Four ways Poilievre can make ‘stop the crime’ more than a slogan FREE 3-month Hub subscription: thehub.ca/free-trial/ Full article here: thehub.ca/2025/02/13/steven-…
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To call the reasoning in this decision abstruse would be an understatement. It should (hopefully) be overturned on appeal. But it would not have existed but for the SCC's gonzo decision in Bissonnette, which I criticize here: thehub.ca/2023/02/13/steven-…
I am ... very confused.
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New article co-authored with @petersankoff & @NicolePecharsky. The gist: prior inconsistent statements are not truly hearsay and should be presumptively admissible. cbr.cba.org/index.php/cbr/ar…
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It was a true privilege to interview and moderate a discussion on free speech with the great Nadine Strossen today. Thanks to @Liberal_Studies and the @RunnymedeSoc @UAlbertaLaw chapter for sponsoring!
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I agree. There is ABQB authority for what the Crown did, but there is contrary authority from other jurisdictions. IMO the latter view is correct.
Personally, I’m skeptical that the Crowns action was legal. It is certainly in accord with the prevailing jurisprudence, but I’m not sure that jurisprudence is correct.
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I have a new article on the application of the Charter to criminal investigations: papers.ssrn.com/sol3/papers.…
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Q2: Are persons "state agents" *merely* because they would not have intruded onto Charter-protected interests "but for" prior interaction with police? A: No, state agency requires the police involvement to be causally "significant."
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Q3: Do police violate s 8 of the Charter when they *passively* receive evidence from private actors who invaded the accused's privacy to obtain it? A: No, police to not “search or seize” unless they *actively* intrude on the accused’s reasonable expectation of privacy.
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Assuming that we are staying West, and not picking another Alberta Justice, my number one choice is Joyce Dewitt van Oosten from BC. That’s irrespective of gender. I think she’s what the court needs.
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Looking forward to it!
Planning your upcoming week? Join @Steven_Penney in his highly-anticipated seminar on The Confessions Rule Part 1, Friday, May 12th. Busy? No worries, all registrants will receive the recording as well! Sign up today at petersankoff.com/upcoming-se…
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