When police officers are charged with crimes relating to their conduct during an investigation, can they, at their own discretion, disclose to their defence lawyers information they learned during that investigation that might reveal the identity of a confidential informer? By J.S. Patel, Criminal Lawyer, 403-585-1960

Published On: Jul 20,2018






Pre-trial disclosure applications to secure information from confidential informants has been heavily considered by the Supreme Court of Canada in previous cases (i.e. Regina v. Barros, 2011 SCC 51).  This case, however,  involves an academically interesting question of criminal law.  It was eloquently framed in the
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Admissibility of Statements made by Youth Offenders.

Published On: Jul 16,2018


When the police are interacting with minors the common-law rules of voluntariness and counsel differ relative to adults.  The initial stages of the investigation are critical and it is imperative that you understand your rights relative to a police investigation at the outset.  In Reginav. N.B., 2018 ONCA 556,
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Cross Examining on Specific Instances of Sexual activity,and the Jurisdiction of trial judge to revisit pre-trial rulings of prior judges on Pre-Trial Applications.

Published On: Jun 29,2018



Evidence of sexual activity between a complainant and another person may be admitted if it is not tendered for a purpose prohibited by s.276(1) of the Criminal Code and it satisfies the admissibility test under s.276(2).  The basic principles governing the application of s.276 were reviewed in Regina v. T.(M.), 2012
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An error of putting a defence of a “mistaken belief” to consent in a sexual activity to a jury could led to adverse results for an accused that ought to be overturned on an appeal when there was no “air of reality” to the defence. 

Published On: Jun 29,2018





In Reginav. Donnelly, 2018 ONCA 575 (CanLII), the Ontario Court of Appeal set aside the accused’s conviction for sexual assault and ordered a new trial. In this case, the complainant was a woman who had been forced into the sex trade.  This complainant had testified that she
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