Insights

Writing on criminal law, evidence, and intelligent systems.

Case commentaries on the criminal law of Canada — and, prospectively, on the questions that arise when automated systems enter courtrooms, tribunals, and public administration. 60 articles, 2016–2024.

Writing on criminal law, evidence, and intelligent systems.

2024

Recent Sexual Assault case from the Ontario Court of Appeal on mens rea, prior inconsistent statements and evidence of demeanour evidence

2022

Incompetence of Counsel: Disclosing a Statement to the Crown.

Parole (in)eligibility on First Degree Murder Matters

2021

In for an inch.... Joint/co-principal liability in Criminal Offences in Canada

Exclusion of a Firearm based on a warrantless search given that the gun and items were “Obtained in a manner” requirement that breached Section 24(2) of the Canadian Charter of Rights and Freedoms (July 23, 2021).

Entitlement to preliminary inquiry in (a somewhat) Historical Sexual Assault Case – a recent decision from the Court of Appeal.

The Crown’s Duty to Inquired under Regina v. McNeil 2009 SCC 3

Co-Principal Liability in the context of Second Degree Murder

2019

R. v. Myers: A fulsome analysis of s.525 bail reviews (30-day and 90-day reviews) by the Supreme Court of Canada

2018

Victim Fine Surcharges ruled to be Unconstitutional and contrary to Section 12 of the Charter (Cruel and Unusual Punishment) - Regina v. Boudreault, 2018 SCC 58 (CanLII)

Balancing the Freedom of Expression and the Reasonable Expectation of Privacy under the Charter when the State seeks Production Orders against the Media.

The Credibility of Confidential Informants and Challenging the Information to Obtain a Search Warrant.

The characterization of a jury charge concerning the use exculpatory statements in the context of an impaired driving causing bodily harm case could mislead a jury and result in a conviction being overturned.

Impaired Driving and Over-80: Are historical maintenance records for a breathlyzer device are first or third party records in impaired driving investigations?

An example of a flaw credibility assessment of testimony in a sexual assault cases results in a conviction being overturned on appeal

The Admissibility of Expert Opinion Evidence Concerning the Cellphone Usage by Drug Traffickers. September 13, 2018

Does the right to a trial within a reasonable period of time under Section 11(b) of the Charter apply to re-trial?

Dangerous Driving involving alcohol and the use of a Commercial Vehicle, R. v. Raj, 2018 ONCA 623, Case Summary.

When police officers are charged with crimes relating to their conduct during an investigation, can they, at their own discretion, disclose to their defence lawyers information they learned during that investigation that might reveal the identity of a confidential informer?

Refusing to provide breath sample after causing an accident resulting in death. Sentencing principles.

Admissibility of Statements made by Youth Offenders.

Dangerous Driving Under the Criminal Code of Canada and the Fault Element (Mens Rea)

An error of putting a defence of a “mistaken belief” to consent in a sexual activity to a jury could led to adverse results for an accused that ought to be overturned on an appeal when there was no “air of reality” to the defence.

Cross Examining on Specific Instances of Sexual activity,and the Jurisdiction of trial judge to revisit pre-trial rulings of prior judges on Pre-Trial Applications.

Aiding and Abetting on Murder Charges - Post-offence conduct – Probative value on party liability

Striking or Vacating a guilty plea in Criminal Courts in Canada. Legal Requirements from the Supreme Court of Canada.

"Bail Pending Appeal" and securing release from custody after a conviction has been entered: recent cases.

Failure to Provide the Necessities of Life. Elements of the Criminal Code Offence and the sufficiency of a jury charge.

The mandatory minimum punishment laws for the production of a controlled substance, contrary to Section 7(1) of the Controlled Drugs Substances Act, was struck down as unconstitutional by the Ontario of the Appeal.

A crushing sentence that was imposed by the sentencing judge was overturned, at appeal, by the Ontario Court of Appeal.

Police brutality and Excessive force in arresting an accused person through the use of a baton and pepper spray: Contact: at

A Broken Bail System in Canada due to a Crown/Judicial Culture of Risk Aversion through an excessive use of Sureties: In Regina v. Tunney, 2018 ONSC 961, the Ontario Superior Court of Justice at a bail review considered Crown-onus bail hearings and held as follows:

An evidentiary assessment, from the case-law, of the motives of complainants to lie in historical sexual assault cases, and a disbelief of accused’s evidence

Removal or Withdrawal of Counsel from the Record for Ethical Reasons or Non-Payment of Fees, cases from 2018

The Constitutionality of the Dangerous Offender Provisions of the Criminal Code of Canada upheld by the Supreme Court of Canada.

2017

Whether text messages attract a reasonable expectation of privacy under Section 8 of the Canadian Charter of Rights and Freedoms; and whether such evidence ought to be ought excluded from a trial viz Section 24(2) of the Charter?

Conditional Sentence Orders (CSO) granted under the Criminal Code of Canada are not “terms of imprisonment” for immigration purposes under the Immigration and Refugee Protection Act.

The Use of Identification Evidence from Eyewitnesses and Video Evidence

Planning and Deliberation for First Degree Murder and the Use of Bad Character Evidence in a Criminal Trial. Regina v. Robinson, 2017 ONCA 645

The conduct of the defence in assessing the delay at trial under Section 11(b) of the Charter; and whether the calculation of the delay is the period between charge and verdict or between charge and sentence.

Is there a reasonable expectation of privacy, under the Charter, for hydro and electricity Records under s. 8? If so, should that evidence be excluded due to a breach of those rights?

Curative Discharges in Impaired Driving Cases. What is a curative discharge application under Criminal Code of Canada and will I receive a criminal record, if a discharge is granted by the Court?

Recent Developments in DUI Cases: The imposition of a lawful demands is not required for issues that arise under s. 258 - Criminal Code for DUIs or Over-80 matters.

Impaired Driving Causing Death. How is caustion determined according to the Québec Court of Appeal

Sentencing – Immigration consequences not considered

Challenges to Jury Selection in Criminal Courts

Section 11(b) of the Charter and the Law on a Stay of Proceedings – What are “transitional circumstances” and general information on calculating the “net-delay”.

Section 10(b) and the Rights to Counsel and the Police Obligations to Hold Off

Regina v. Alex, SCC, Whether a lawful demand is required for Section 258 (1)(c) and (g)

What are your rights under Section 11(b) of the Charter, and the Law on a Stay of Proceedings

An example of where a Criminal Court Judge may not take judicial notice of the evaporation

Humanitarian and Compassionate Grounds applications

Whether a Judge can Take judicial notice of Evaporation Rates in a DUI Case

Criminal defence lawyers must be aware of the immigration consequences

Immigration Consequences of Entering Guilty Pleas in Criminal Matters: Regina v. Tmenov, 2017 ONCA 454

The Supreme Court of Canada clarifies and confirms the "Ladder Approach" to release on bail pending a trial.

2016

Circumstantial Evidence in a Criminal Trial

The National Defence Act' appeal provisions and the Charter on criminal defence matters

Section 11 (b), Vassell (SCC) Decision