Monthly Archives: May 2012

Warrant to search

The justice issuing a warrant to search a residence must have reasonable grounds to believe that an offence has been committed. The standard is one of reasonable probability. The material in support of the warrant must raise a reasonable probability … Continue reading

Lawyer’s Duty of Loyalty

An accused who is represented by counsel is entitled to the undivided loyality of that counsel. This principle is deeply embedded in Canadian law. It has common law, statutory, and constitutional roots. It is an important aspect of the right … Continue reading

Jury taking a View

Most criminal trial cases will be decided within the confines of the court house. However on occassion, if the circumstances, are appropriate, the court may order a view, that is allow the Jury to go to the crime scene with┬áthe … Continue reading

Confessions

A statement by an accused person will be ruled inadmissible in evidence if it is the result of “fear of prejudice or hope of advantage.” In this respect the Court must find that there was a threat, promise or inducement, … Continue reading

Fresh Evidence on Appeal

Sometimes fresh evidence on an appeal from a criminal conviction can have a significant effect on the appeal outcome. However the appeal court will not accept fresh evidence routinely. Criteria must be met before the Appellate court will accept fresh … Continue reading