Time Served in Criminal Sentences and COVID-19

Published On: Mar 27,2020


In Regina v. Kandhai, 2020 ONSC 1611, the accused pled guilty to possession of a prohibited firearm with accessible ammunition and breach of a s.109 firearms prohibition. The COVID-19 pandemic led the judge to bring the matter forward.

The court observed that jail
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The Issue of Self Defence in the Context of Jury Charges

Published On: Mar 11,2020

The Ontario Court of Appeal considered issue of self-defence in Canada in the context of jury instructions. In Regina v. Khill, 2020 ONCA 151, the Ontario Court of Appeal set aside the accused’s acquittal on a charge of second-degree murder.  During the trial, the accused gave evidence
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Section 10(b) Charter Violation Conceded by the Crown by Incriminatory Statements admitted by the Trial Court, and upheld by the Court of Appeal

Published On: Feb 07,2020

Tritely put, the Canadian Charter of Rights and Freedoms (the “Charter”) is the fundamental law in Canada.  It espouses various protections such as the right to counsel.  While it affords robust protection against state encroachments and violations against private citizens, there are limits.  Not all violations
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Peremptory Challenges for Jury Trials – Constitutional Challenges

Published On: Jan 31,2020

The Ontario Court of Appeal recently in Regina v.  Chouhan, 2020 ONCA 40, considered the constitutionality of recent amendments to the jury selection procedure in the Criminal Code. The constitutionality of the amendments that were considered were the: (1) abolished peremptory challenges to prospective jurors, and (2) substituted
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