Monthly Archives: May 2015

Identification and Recognition evidence

The inherent frailties in identification evidence are well known and have been the subject of considerable judicial comment and review in social science literature. The focus of the concern is not the credibility of the witness providing the identification evidence; … Continue reading

Reasonable apprehension of bias

The test for a reasonable apprehension of bias is what would a reasonable, informed person think. The objective is to protect public confidence in the legal system by ensuring not only the reality, but the appearance of a fair adjudicative … Continue reading

The effect a criminal record has on sentencing

The effect of a criminal record in determining the priority of sentencing objectives and a proportional sentence under s. 718.1 of the Criminal Code of Canada will vary depending on the circumstances. A prior criminal record does not automatically preordain … Continue reading

Interception of private communications under the Criminal Code of Canada

Under s. 186(1) of the Criminal Code of Canada, authorizations to intercept private communications require satisfaction of two conditions precedent: probable cause (s. 186 (1)(a)); and investigative necessity. (s. 186 (1)(b)). Both of these conditions take root in a supportive … Continue reading

Wrongful dismissal in Ontario

An employee who is dismissed without reasonable notice of termination is entitled to damages for breach of contract based on the employment income the employee would have earned during the reasonable notice period, less any amounts received in mitigation of … Continue reading

Self-represented Litigants in Ontario Criminal Proceedings

For a number of people charged with a Canadian Criminal Offence, having a lawyer represent them is not feasible. They may not have their own funds for a defence and not qualify for legal aid or other financial assistance. They … Continue reading

The Common Law Peace Bond in Canadian Criminal Law

The power of a provincial court to issue a common law peace bond is a century-old power findings its roots in English law and has been affirmed by the Supreme Court of Canada. The provincial court has the jurisdiction to … Continue reading