Monthly Archives: May 2016

S. 24(2) of the Canadian Charter of Rights and Freedoms

Section 24(2) of the Canadian Charter of Rights and Freedoms directs that where evidence is obtained in a manner that infringes a right guaranteed by the Charter, “the evidence shall be excluded if it is established that , having regard … Continue reading

The Credibility and Reliability of Court Witnesses

At trial the judge must assess the credibility and reliability of witnesses. There is an important distinction between the veracity or truthfulness of a witness (credibility) and the ability of a witness to accurately relate his or her evidence (reliability). … Continue reading

Circumstantial Evidence in Ontario Criminal Proceedings

In criminal cases, the Crown bears the legal burden of proving the essential elements of the offences charged beyond a reasonable doubt. Where the case involves circumstantial evidence, the court must be satisfied beyond a reasonable doubt that the only … Continue reading