Published On: May 21,2019
In Regina v. C.B, 2019 ONCA 370, the Ontario Court of Appeal ruled on the issue of authenticating text messages for evidentiary purposes at trial, when the prospect of tampering is raised an issue. Plainly put, the Court ruled that the Courts should infer that the Read More »
Published On: Mar 29,2019
The application of mental health in the context of bail reviews was recently clarified in a recent decision from the Supreme Court of Canada in Regina v. Myers, 2019 SCC 18. The SCC confirmed animating and cardinal principle right out of the gate at paragraph 1:
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Published On: Dec 20,2018
Upon the imposition of penalty, the Criminal Code of Canada (R.S.C.., 1985, c. C-46)once imposed a victim find surcharges upon the entry of a conviction and/or penalty pursuant to section s. 737. The amount is set by law and is owed for each and Read More »
Published On: Dec 06,2018
The issuance and compliance with the execution of search warrants and production on the media to reveal information relative to their (confidential) sources is a contentious issue in Canadian criminal jurisprudence. The seminal cases that considered such issues were in Canadian Broadcasting Corp. v. Lessard, 1991 Read More »
Published On: Dec 04,2018
The credibility of a confidential informant is very important to the state’s case when endeavoring to uphold a warrant authorizing a search that is critical to the entire prosecution case. An accused person’s conviction was overturned recently by the Court of Appeal in Regina v. Herta, Read More »
Published On: Dec 02,2018
The application of the rules regarding the assessment of an accused person’s statement as raised in R. v. W.(D.),1991 CanLII 93 (SCC)was considered in Regina v. Bacci, 2018 ONCA 928, where the Court of Appeal in Ontario quashed the accused’s conviction for impaired operation causing Read More »
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 »