Published On: Aug 24,2019
In Regina v. S.B., 2019 ONCA 652, the Court of Appeal considered the sufficiency of a trial jury’s instructions on, generally, the intersection between the transmission of HIV and any permissible inferences associated with the charge of attempted murder under the Criminal Code of Canada. The accused was HIV positive. The Crown’s Read More »
Published On: Aug 20,2019
The constitutionality of mandatory minimums has been challenged in a number of cases involving a range of Criminal Codecharges. There was been a vary degree of success involved in these matters, from the perspective of the defence. The Ontario Court of Appeal had occasion to consider Read More »
Published On: Aug 02,2019
The Ontario Court of Appeal, in Regina v. Ibrahim, 2019 ONCA 631, overturned the accused’s conviction for manslaughter and ordered a new trial. In that case, the accused, who was driving a taxi in downtown Toronto, collided with a skateboarder, killing him instantly. The accused was charged with Read More »
Published On: Jul 22,2019
The rules for qualifying an expert witness are generally well establish. An issue that has caught the attention of the courts recently is the “role” of an expert witness.
In Reginav. Dupe, 2009 ONCJ 320, the Justice did not qualify a Crown Police Expert Read More »
Published On: Jul 04,2019
In Regina v. Espinoza-Ortega, 2019 ONCA 545, the Ontario Court of Appeal set aside the accused’s conviction and sentence for impaired driving causing bodily harm and related charges and ordered a new trial. The accused entered a guilty plea and presented a joint submission for a sentence of 45 days, three years’ Read More »
Published On: Jul 03,2019
The admissibility of prior sexual history under Section 276 of the Criminal Code of Canadahas recently been the subject of heated debate among members of the legal profession. The Supreme Court of Canadaconsidered this issue in Reginav. Goldfinch, 2019 SCC 38. The relevant Read More »
Published On: Jun 29,2019
In Regina v. Fougere, 2019 ONCA 505, the Ontario Court of Appeal set aside a conviction and ordered a new trial for aggravated assault where the Crown erroneously told the jury that self-defence could not apply if the accused struck the complainant first.
The accused Read More »
Published On: Jun 18,2019
In Regina v. Martel, 2019 QCCQ 2883, the Cour du Québec held that s.718.3(7) of the Criminal Code violates the s.12 Charter right against cruel and unusual punishment. This provision requires that sentences be imposed consecutively where the accused is convicted of sexual offences against more than one child, or where the Read More »
Published On: Jun 14,2019
In Regina v. Bao, 2019 ONCA 458, the Court of Appeal overturn a conviction, for possession of marijuana for the purposes of trafficking, based on frail identification evidence, namely a “fleeting glance.” While the officer was well intentioned, there were deficiencies in his evidence. The salient facts Read More »
Published On: Jun 12,2019
In a recent decision, the Supreme Court of Canada has held that an accused person has the right to have a trial in French. In Bessette v. British Columbia (Attorney General), 2019 SCC 31, the Court held that while both the British Columbia Offence Act and the Motor Vehicle Read More »