Published On: Jul 07,2020
In Regina v. Santana, 2020 ONCA 365, The Court of Appeal considered allegations involving charges of possession of fentanyl for the purposes of trafficking. A conviction as entered and the trial judge imposed a sentence of eight (8) years with credit for presentence custody, Read More »
Published On: May 26,2020
In Regina v. M.D., 2020 ONCA 290, the Court of Appeal overturned a conviction for sexual assault under section 271 of the Criminal Code of Canada based on an erroneous credibility finding. The main defence at trial was consent and honest but mistaken belief in consent Read More »
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.
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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 »