Amy Archer

Amy Archer

Lerners LLP

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The risk of self-incrimination in cross-border disputes: Hollinger case study – Part II

Sun-Times Media Group, Inc. v. Black, [2007] O.J. No. 795, is another case involving the former officers and directors of the Hollinger-related corporations, which highlights the risk of self-incrimination that officers and...more

6/11/2014 - Canada Cross-Border Foreign Jurisdictions Frozen Assets Self-Incrimination

The risk of self-incrimination in cross-border disputes: The use of Canadian discovery evidence in U.S. criminal/regulatory...

A common scenario in which the privilege against self-incrimination is threatened occurs when a person is party to criminal or regulatory proceedings in the United States (U.S.) and civil litigation in Canada....more

2/12/2014 - Canada Cross-Border Fifth Amendment Self-Incrimination

The risk of self-incrimination in cross-border disputes: The case of Canadian criminal proceedings and U.S. civil litigation

One scenario in which the jeopardy to the privilege against self-incrimination may arise is when an individual is facing criminal or regulatory proceedings in Canada at the same time as the individual is engaged in civil...more

1/15/2014 - Canada Criminal Prosecution Cross-Border Self-Incrimination

The risk of self-incrimination in cross-border disputes: Enforcing U.S. Letters of Request in Canada

In Treat Canada Ltd. v. Leonidas, [2012] O.J. No. 5551, the Ontario Court of Appeal considered the jeopardy to the privilege against self-incrimination in an appeal from an Ontario order enforcing a letter of request for...more

12/11/2013 - Breach of Charter Rights and Freedoms Canada Class Action Immunity International Litigation Nestle Rules of Civil Procedure Self-Incrimination

An introduction to the risk of self-incrimination in cross-border disputes

The right not to be compelled to incriminate oneself is a protection enshrined in both the United States Constitution and the Canadian Charter of Rights and Freedoms (the “Charter”). In reality, however, there is protection...more

11/20/2013 - Canada Cross-Border Fifth Amendment Self-Incrimination

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