Monthly Archives: June 2014

Post-Offence Conduct : Criminal Law

The principle that Post-Offence conduct may constitute circumstantial evidence of guilt remains good law. At its heart, the question of whether such evidence is admissible is simply a matter of relevance. Evidence of post-offence conduct is not fundamentally different from … Continue reading

Ponzi Schemes

A Ponzi Scheme is a fraudulent scheme. The hallmark of this type of fraudulent scheme (named after the infamous speculator Charles Ponzi) is that investments claimed by the fraudster to have been made on behalf of investors are not in fact made. … Continue reading

Police Officer Notes

Reliable independent and contemporaneous police officer notes are central to the integrity of the administration of criminal justice. Police officers’ notes provide the basis for laying charges and they provide Crown Attorneys with a record upon which to base decisions regarding the prosecution … Continue reading

Police Power

Police officers in Canada do not have an unlimited power to inflict harm on a person in the course of their duties. While, at times, the police may have to resort to force in order to complete an arrest or … Continue reading

Plain View Doctrine

The “plain view doctrine” is a common law doctrine that permits the warrantless seizure of things in plain view. To engage this doctrine requires the satisfaction of 3 conditions: the seizing officer must be lawfully in the place of seizure … Continue reading

Conspiracy : Canadian Criminal Law

The actus reus of a conspiracy under s. 465 of the Criminal Code of Canada is an agreement to commit a criminal offence. It is not necessary that any acts be done in furtherance of the agreement, although such acts … Continue reading