Monthly Archives: March 2012

Failing to Appear in Court

A failure to appear in Court charge is a true criminal offence which requires proof of mens rea or in other words, a guilty state of mind sometimes referred to as a guilty intention. The prosecution must establish a mental … Continue reading

Bias

The right to a fair and impartial trial is guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms. Judges must base their decisions on an impartial review of the evidence and submissions of the parties. The judicial … Continue reading

Impaired Driving/Over 80: Breath Tests

If the Police have reasonable and probable grounds to arrest a person for impaired driving or Over 80 , any breath tests with the Intoxilyzer must be taken “as soon as practicable”. What does “as soon as practicable ” mean?  It … Continue reading

Police: Excessive Use of Force

No one is above the law. This includes the Police. In carrying out their duties in the heat of the moment, Police Officers must be very careful not to cross the line and break the law. Where this occurs and … Continue reading

The Criminal Offence of Mischief to property

The Canadian Criminal Offence of Mischief, for example Mischief under $5,000, has its unique requirements pertaining to the damage analysis. To criminalize mischief, the damage to property must be more than negligible, more than a minor inconvenience. To prove damage ,the … Continue reading