The exclusion of the digital video recorder search based on the Police’s failure to make full and frank disclosure in the Information to Obtain the Search Warrant, resulting in an acquittal entered by the Court of the Appeal as it was not in the interests of Justice (Regina v. Booth)

Published On: Dec 21,2019

A recent decision of the Ontario Court of Appeal overturns a decision stemming from an application to exclude evidence due to the insufficiently grounded search warrant and the information to obtain the same.  The Honourable Justice Paciocco in Regina v. Booth, 2019 ONCA 98 set aside
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Mandatory minimum sentence for impaired driving in s.255(1) found by the Ontario Court of Justice to be inconsistent with s.12 of the Charter and there is no bar to consideration of a discharge pursuant to s.730 of the Code.

Published On: Dec 06,2019


Impaired driving laws impose a mandatory minimum fine and in the event of subsequent offences, jail terms.  The Ontario Court of Justice recently struct down those provisions, in the context of the youthful First Nations Offender, finding that (the former) s. 255(1) of the
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Whether a Sentencing Court should order a fine instead of forfeiture in respect of property that was used, with prior judicial authorization, to pay for the reasonable costs of an accused’s legal defence

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
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Sufficiency, Logical Coherence, and the Inferential Scope of a Trial Judge’s Reasons predicated on an Illogical Foundation, resulting a reviewable failure to explain the rejection of a Defence in a Sexual Assault Case.

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.
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HIV and Attempted murder, Common Sense Inferences in a Jury Charge, Aggravated Sexual Assault and the realistic possibility of transmission

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
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