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 Read More »
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 Read More »
Published On: Mar 03,2020
The Ontario Court of Appeal recently considered the criminal law concepts of the use of circumstantial evidence to prove possession of firearms and drugs. In Regina v. Lights, 2020 ONCA 128, convictions were overturned from a case wherein an incident in which the police executed a Read More »
Published On: Mar 02,2020
In Regina v. Doonanco, 2020 SCC 2, the accused was convicted of three (3) offences by a jury of second-degree murder of her then domestic partner, indecently interfering with human remains, and arson. The issue at trial was both self-defence and a battered woman syndrome defence. Read More »
Published On: Feb 24,2020
Co-principal liability was recently explained by the Court of Appeal in Regina v. Abdulle, 2020 ONCA 106 (CanLII). In circumstances involving co-principals, as is the case here, the liability of parties to an offence is addressed by s. 21 of the Code. In Regina v. Spackman, 2012 ONCA 905, 295 Read More »
Published On: Feb 23,2020
The Ontario Court of Appeal in Regina v. D.K., 2020 ONCA 79, overturned the accused’s conviction for sexual assault. This is complicated issued that is governed by the (common) law of evidence. Often the principle goes unnoticed when engulfed in the fray of a trial.
Read More »
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 Read More »
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 Read More »
Published On: Jan 23,2020
The Ontario Court of Appeal in Regina v. P.J.M, 2020 ONCA 2, quashed possession and distribution of child pornography convictions under ss. 163.1(4)and 163.1(3) of the Criminal Code, R.S.C. 1985, c. C-46. The convictions were quashed based based on the exclusion of two (2) statements made that were extracted Read More »
Published On: Jan 21,2020
In Regina v. Beckford, 2019 ONCA 998 (CanLII) Ontario Court of Appeal recently set aside the convictions for the accused based on the ineffective assistance of counsel. The argument raised was that “… trial counsel did not properly advise him as to the strength of Read More »