Monthly Archives: January 2013

Independent Witnesses

Independent Witness evidence can carry significant weight at trial. There may be a number of reasons a witness’s evidence is “independent”. For example the witness may not know any of the parties to the proceeding; may not have a personal … Continue reading

The Crime of Contempt and Duress

The crime of contempt in the face of the court¬† is a crime requiring proof of the prohibited conduct and proof that at the time the accused engaged in this conduct, he or she had the required culpable state of … Continue reading

Reasonable Bail

Under S. 11(e) of the Canadian¬†Charter of Rights and Freedoms, any person charged with an offence is guaranteed not to be denied reasonable bail without just cause. Reasonable bail refers to the terms of bail. The quantum of bail and … Continue reading

Impaired Driving

In relation to drinking and driving cases , the authorities confirm that impairment may be established where the prosecution proves any degree of impairment in the ability to drive, from slight to great. Slight impairment to drive relates to a … Continue reading

Disbelief and Fabrication

Disbelief cannot form the basis upon which to infer fabrication. A finding of fabrication must be founded on evidence that is independent from the evidence that contradicts or discredits the accused’s version of events. A trier of fact may consider … Continue reading

Police Investigative techniques

The Police use a number of investigative techniques at any one time. An example of the techniques used are: informants/Crime Stopper tips; undercover officers search warrants/production orders; dialled number recorders; surveillance canvass and search of crime scene; tracking warrant; interviews; … Continue reading