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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The mandatory minimum punishment laws for the production of a controlled substance, contrary to Section 7(1) of the Controlled Drugs Substances Act, was struck down as unconstitutional by the Ontario of the Appeal.

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
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