Published On: Sep 11,2017
The Ontario Court of Appeal recently considered and reaffirmed the rules and principles governing the use of eye witness identification. In Regina v. M.B., 2017 ONCA 653, the Court of Appeal reversed a trial judge’s decision in Read More »
Published On: Aug 27,2017
Planning and deliberation are critical elements of an offence of First Degree Murder. Post offense conduct can be used as a yard stick to either support or negative an inference of planning and deliberation. This was considered in Regina v. Robinson, 2017 ONCA 645 . The Ontario Court of Appeal Read More »
Published On: Aug 21,2017
August 20, 2017
The conduct of the defence in assessing the delay at trial under Section 11(b) of the Charter; and whether the calculation of the delay is the period between charge and verdict or between charge and sentence. By J.S. Patel, Barrister, 403-585-1960 or 1-888-695-2211
In our Read More »
Published On: Aug 19,2017
August 19, 2017
In Regina v. Orlandis-Habsburgo, 2017 ONCA 649, the Ontario Court of Appeal stated there is but given the applicable law at the time of the indexed offence, the police could not be criticized for their conduct and the evidence was admitted in either event despite the Read More »
Published On: Aug 16,2017
The Criminal Code of Canada (the “Code”) imposes mandatory minimum sentences when convictions are entered for impaired driving offences under Section 253(1)(a) and (b). This means that once a Court finds that an accused person is guilty of an offence for impaired driving or driving while their blood-alcohol ratio Read More »
Published On: Aug 15,2017
On July 6th, 2017, the Supreme Court of Canada, in a DUI case, ruled that a police officer and the Crown is not required to establish reasonable and probable grounds for a lawful breath demand for the purposes of a Section 258 of the Criminal Code of Canada
In R. Read More »
Published On: Aug 09,2017
July 27, 2017
Impaired Driving Causing Death. How is caustion determined according to the Québec Court of Appeal
Impaired driving causing death is considered to a predicate offence stemming from the original charge of impaired driving simpliciter under Section 253 of the Criminal Code of Canada. The Crown Prosecutor Read More »
Published On: Jul 31,2017
The accused person, in Regina v. Dunstan, was convicted of multiple counts of possession for the purpose of trafficking and one count of possession of the proceeds of crime after the police discovered significant amounts of various drugs and approximately $100,000 in cash after responding to an anonymous call reporting Read More »
Published On: Jul 31,2017
Sentenced overturned from twelve months of jail to six months less a day to avoid severe immigration consequences.
The collateral immigration consequences should be considered in a sentencing hearing for a criminal matter. Since this case involves an on-going publication ban, the names of the parties involved (inclusive of the Read More »
Published On: Jul 27,2017
Challenges to Jury Selection in Criminal Courts based on racial prejudicing and the use of “Static Jurors” in the jury selection process.
In Regina v. Husbands, 2017 ONCA 607, the Ontario Court of Appeal set aside various jury convictions. Those convictions included two counts of second degree murder; five (5) Read More »