Monthly Archives: March 2013

Corroboration in Criminal Proceedings

Our Canadian law does not require corroboration of the evidence of a complainant in order to found a conviction. The sworn testimony of a complainant, standing alone, is sufficient to establish a charge beyond a reasonable doubt, provided that the … Continue reading

Criminal Proceedings and Charter breaches

The applicant of an alleged breach of charter rights/freedomsĀ  has the burden of persuading the court that his or her Charter rights/ freedoms have been infringed or denied. The standard of persuasion is the civil standard of the balance of … Continue reading

Criminal Offences: Accepting Secret Commissions/Bribes

Bribes, secret commissions can take many different forms and come in different sizes. The Canadian Criminal Code prescribes criminal liability to prevent these arrangements. An example of such an illegal arrangement might be an instructor running his own driving school … Continue reading

Information to Obtain (ITO) and search warrants

A fundamental proposition is that affidavits which are filed by the Police in support of an Information to obtain (ITO) a search warrant must provide full and frank disclosure. The affidavit should never attempt to trick or mislead the reader. … Continue reading

Conditional Sentences in Criminal Proceedings

Section 742.1 of the Canadian Criminal Code sets out 5 criteria that a court must consider before deciding to impose a conditional sentence. These are: the offender must be convicted of an offence that is not specifically excluded under the … Continue reading

Hearsay Evidence in Criminal Proceedings

The hearsay rule has four essential elements; a declarant, a recipient, a statement and a purpose. The defining characteristics of hearsay are the purpose for which the evidence is introduced- to prove the truth of the contents of the statement- … Continue reading

Severance Proceedings in Criminal Matters

TheĀ  interest of justice often requires a joint trial of all accused. However sometimes it is just to order a severance of proceedings such that the accused gets his or her own trial separate from the other accused. This type … Continue reading

Being a Member of an Unlawful Assembly

Under the Criminal Code of Canada, it is a criminal offence to be a member of an unlawful assembly. An example of an unlawful assembly may be a student riot fueled by alchohol where students in “a mob mentality” go … Continue reading

Marihuana Grow Operations

What type of evidence do the Police seek to establish a Marihuana Grow-Op? (possession and/or trafficking): The following circumstances may assist a Crown’s case : vehicles coming and going from the premises with people carrying garbage bags for secrecy persons … Continue reading

Collusion amongst Witnesses in Criminal Proceedings

Collusion refers to the possibility that witnesses may have shared their stories with one another and, intentionally or accidentally, changed or tailored their stories in order that their testimony would seem more similar or convincing. Such collusion can destroy the … Continue reading