Monthly Archives: February 2012

Destruction of Fingerprints/Photographs

After you have been charged with a criminal offence, a number of outcomes could occur. You could be found guilty if the Crown proves its case beyond a reasonable doubt. However, based on the circumstances of your case, your charge(s) … Continue reading

Disclosure in Criminal Proceedings -Canada

An accused has the right to disclosure of information from the Crown in Criminal Proceedings.  The purpose of disclosure ensures that the accused knows the case and can exercise his or her right to make full answer and defence. Disclosure … Continue reading

Re-opening the Criminal Defence case

A trial judge is not functus officio in a trial without a jury until he or she has imposed sentence or otherwise finally disposed of the case. A trial judge who has made a finding of guilt on disputed facts … Continue reading

Sentencing Aboriginal Offenders under the Canadian Criminal Code

A sentencing court is obliged to take into account the unique circumstances of an offender who is an aboriginal person. In Criminal sentencing in this context , a Gladue report can be filed before the Sentencing judge. A Gladue report … Continue reading

Testimony of Crown Witnesses in Criminal Proceedings

A very important right of an accused is the right to cross-examine Crown witnesses. These witnesses might be Police Officers, Civilians, experts called by the Crown. The Crown will endeavour to put in a case that is very strong on a … Continue reading

Police arresting a person without a warrant

The Police may arrest a person without a warrant where they have reasonable and probable grounds on which to base the arrest.  There are two components to this. First an arresting officer must subjectively have reasonable and probable grounds on … Continue reading

Marijuana Grow Operations: Aggravating and Mitigating factors on Sentencing

A person found guilty  , for example, to production of a controlled substance, namely cannabis marijuana, will be sentenced and the Judge will consider both aggravating and mitigating factors. What are examples of aggravating factors when sentencing in this context? The … Continue reading

The Sentencing of first offenders

“Restraint” is a key consideration that applies when sentencing an individual found guilty of a crime with no prior criminal record. Under s. 718(2)(e) of the Canadian Criminal Code imprisonment is a sanction of last resort and when imposed should be … Continue reading

Conditional Sentences under the Criminal Code of Canada

Not all sentences must be served in a reformatory or Penitentiary setting. The Canadian Criminal Code provides for conditional sentences to be served in the community in appropriate circumstances. The conditional sentence regime was enacted both to reduce reliance on … Continue reading

Sentencing Organizations under the Criminal Code of Canada

Criminal courts will be called on to pass a sentence on an individual after a finding of guilt.However the criminal courts also have the power to sentence an organization. When sentencing an organization the court shall take into account a … Continue reading