Published On: Nov 19,2019
In broad terms, Section 462.37(3) of the Criminal Code of Canada should not be used, by judges, to levy a “fine instead of forfeiture” with regards to funds that have been judicially returned to the accused for the payment of reasonable legal fees associated with their criminal Read More »
Published On: Nov 06,2019
Two (2) recent cases that concern the implementational duties of Section 10(b) of the Charter and the exclusion of evidence under Section 24(2) wherein the Court found a “contextual” (a temporal) breach of the defendants’ rights, and thus exclude drug related evidence. Those cases are Regina Read More »
Published On: Oct 18,2019
The sufficiency of reasons is often raised as an issue in appellate matters that involve criminal proceedings. A deeper examination of the factual record of a trial can unearth the hidden assumptions and non-sequiturs, demonstrative of a fairly innocuous yet fallacious application of inferential reasoning. Read More »
Published On: Sep 26,2019
The recent decision of Regina v. Dixon, 2019 ONCA 698 (RD) by the Ontario Court of Appeal considers the manner in voice identification is contextually analyzed by a trial court. The Court of Appeal upheld the accused’s convictions for attempting to obstruct justice and breaching a Read More »
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 »