Published On: Nov 03,2018
In an important disclosure decision from the Supreme Court of Canada (the “SCC”) provides guidance on legal standard imposed on Crown Prosecutors and policing services to disclosed historical maintenance records that pertain to the breathalyzer device used in the context of impaired driving investigations under section Read More »
Published On: Sep 26,2018
In Reginav. J.L., 2018 ONCA 756the OntarioCourt of Appeal set aside the accused’s conviction for sexual assault and ordered a new trial At trial, the case that turned largely on credibility. This case is just one example of a flaw credibility assessment of testimony in a Read More »
Published On: Sep 13,2018
In Regina v. Vassel, 2018 ONCA 721, the Ontario Court of Appeal allowed the accused’s appeal, set aside his conviction for second degree murder, and ordered a new trial.
The Background Facts
The victim was a drug dealer who was shot and killed in the course of Read More »
Published On: Jul 26,2018
The right to have a trial within a reasonable period of time was reconsidered by the Supreme Court of Canada in R. v. Jordan, 2016 SCC 27, and there have been many decision considering the principles that stem from that seminal case. Recently, the Ontario Court of Read More »
Published On: Jul 25,2018
In Regina v. Raj, 2018 ONCA 623 (CanLII) the Ontario Court of Appeal dealt with the conviction appeal for an accused person involving a commercial dump-truck operator. It was a case Dangerous Driving involving alcohol and the use of a Commercial Vehicle. The facts underpinning Read More »
Published On: Jul 20,2018
Pre-trial disclosure applications to secure information from confidential informants has been heavily considered by the Supreme Court of Canada in previous cases (i.e. Regina v. Barros, 2011 SCC 51). This case, however, involves an academically interesting question of criminal law. It was eloquently framed in the Read More »
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 »