Monthly Archives: May 2014

Extradition Hearings

An extradition hearing is a screening mechanism intended to determine whether the requesting state has put forward sufficient evidence to warrant a committal for surrender. This hearing is not a trial. Like a preliminary hearing, it’s purpose is to determine … Continue reading

Party liability to Criminal Offences

Some parties you will wish to go to with friends and have fun. Other parties you will want to stay away from. In Criminal law it is possible to be branded a Party to an offence in a variety of … Continue reading

Period of Parole Ineligibility

Absent some error in principle or misapprehension of material evidence, the Ontario Court of Appeal has indicated that it is hard to justify appellate intervention to adjust a mandatory period of parole ineligibility downward by 2-3 years. By parity of … Continue reading

Guilty Pleas

A defence counsel cannot assist a client in entering a plea of guilty unless the client is prepared to admit his guilt and admit the facts required on the essential elements of the offence in question. If the client insists … Continue reading

Fingerprint evidence

The probative value of fingerprint evidence depends on the totality of the evidence. Fingerprint evidence will almost always afford cogent evidence that the person whose fingerprint is left on the object touched that object. However the ability of fingerprint evidence … Continue reading

Sentencing: Credit for Pre-trial bail conditions

Where an offender has been  the subject of stringent pre-trial bail conditions including time spent effectively under house arrest, this mitigating circumstance must be taken into account and given some weight in the sentencing. Credit for pre-trial bail conditions should … Continue reading

General Sentencing principles in Canadian Criminal Law

The fundamental purpose of sentencing is to contribute to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following goals, namely: to denounce unlawful … Continue reading

The right to remain silent: Self-incrimination: S.7 Charter

The common law principle against self-incrimination has been constitutionally enshrined as a principle of fundamental justice through s.7 of the Canadian Charter of Rights and Freedoms. The unifying theme of the principle against self-incrimination is the idea that a person … Continue reading

Searches by Police in Canada

In order for a police search to be reasonable within the meaning of s.8 of the Canadian Charter of Rights and Freedoms, the search must be authorized by law, the law itself must be reasonable, and the search must be … Continue reading

Denied Legal Aid:Rowbotham applications

A trial judge confronted with an exceptional case where legal aid has been refused, and who is of the opinion that representation of the accused by  counsel is essential to a fair trial, may upon being satisfied that the accused … Continue reading