Monthly Archives: January 2012

Basic Criminal Sentencing Principles

There are some basic criminal sentencing principles the Courts bear in mind when deciding what sentence to impose upon an accused found guilty of a crime. Section 718 of the Criminal Code of Canada provides, in part, that the fundamental … Continue reading

Our Multicultural Heritage and the Canadian Charter of Rights and Freedoms

There are a number of important rights and freedoms spelled out in the Canadian Charter of Rights and Freedoms. However one section in the Charter, which is not cited in cases as much as other sections, is section 27. The … Continue reading

Search and Seizure: Consent of the Accused

The Crown must prove its case against the accused beyond a reasonable doubt. This can be a heavy burden. The Crown must prove its case with evidence. Police submit evidence to the Crown to help the Crown establish guilt. One … Continue reading

Section 7 of the Canadian Charter of Rights and Freedoms

Section 7 of the Canadian Charter of Rights and Freedoms states: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. The … Continue reading

Search Warrants

A major tool in the Police’s arsenal in some cases is the obtaining of a search warrant issued by a Justice of Peace. This warrant provides the Police with authority to conduct searches, for example in a person’s house, if the … Continue reading

Definitions of terms under the Criminal Code of Canada

Like most statutes, the Criminal Code of Canada sets out definitions of key terms referred to in the statute. Sometimes those definitions include obvious meanings and in many cases they provide extended meanings that are not at first blush obvious. It … Continue reading

Police Misconduct in Criminal Matters/Proceedings

The application of force by the Police engages both the Section 7 security of the person interest as well as the section 12 protection against cruel and unusual punishment spelled out in the Canadian Charter of Rights and Freedoms. No one … Continue reading

Criminal Proceedings and the Reasonable Expectation of Privacy

Section 8 of the Canadian Charter of Rights and Freedoms guarantees security from unreasonable search or seizure. However this section only protects a reasonable expectation of privacy. To determine whether a criminal investigative procedure invades  a person’s reasonable expectation of … Continue reading

Issue Estoppel in Criminal Proceedings

Issue estoppel rests on the principle that fairness requires that an accused should not be called upon to answer to allegations of law or fact already previously resolved in his or her favour by a judicial determination on the merits. There … Continue reading