Published On: Jul 17,2018
In Regina v. Suter, 2018 SCC 34, a 6:1 majority of the Supreme Court of Canada allowed the accused’s appeal in part. The Court set aside his 26-month sentence of imprisonment, imposed by the lower sentencing court, for the offence of refusing to provide a breath sample Read More »
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, Read More »
Published On: Jul 12,2018
By way of a simple and general summary of legal information, a restatement of the elements of the dangerous driving offence was provided in Regina v. Beatty, 2008 SCC 5, and Roy, 2012 SCC 26, with a significantly greater emphasis placed on the mental element of the Read More »
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 Read More »
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 Read More »
Published On: Jun 08,2018
The legal concept of “aiding and betting” in the context of Criminal Law has presented some difficulties in its application in a number of cases throughout Canada. This criminal law concept applies to varying degrees depending on the nature of the charge under the Criminal Code of Canada Read More »
Published On: Jun 05,2018
“Simply put, pleading guilty is the decision of the accused, not a reasonable accused, or someone like the accused.”
In Regina v. Wong, 2018 SCC 25, a 4:3 majority of the Supreme Court of Canadaheld that when an accused person seeks to withdraw Read More »
Published On: May 28,2018
What is Bail Pending Appeal?
If you have been convicted of a Criminal Code offence or of an offence under an Act of Parliament resulting in a jail term, an application can be made to secure judicial interim release (i.e. Bail) pending the outcome of your Read More »
Published On: May 21,2018
The parents of the deceased child had their conviction for the failure to provide the necessities of life for their (deceased) child overturned by the Supreme Court of Canada (the “SCC”) recently. In Regina v. Stephan, 2018 SCC 21, the SCC overturned the a ruling from the Alberta Read More »
Published On: May 17,2018
The Ontario Court of Appeal upheld a decision of the Superior Court in striking down the mandatory minimums required under ‘Unauthorized Production” provisions of Section 7(1) of Controlled Drugs Substances Act (the “CDSA”). InReginaand VU, 2018 ONCA 436, the Ontario Court of Appeal considered three Read More »