Monthly Archives: March 2020

Criminal Breach of trust in Canada

Section 122 of the Canadian Criminal Code creates the offence of breach of trust. It provides: Every official who , in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable … Continue reading

Restitution in Ontario Criminal Proceedings

There are a number of non-exhaustive factors that a court must consider in exercising its discretion to impose a restitution/compensation order. They include: * An order for compensation should be made with restraint and caution. * The concept of compensation … Continue reading

Similar Fact Evidence in Ontario Criminal Proceedings

Similar fact evidence is presumptively inadmissible. To make it admissible, the Crown bears the burden of showing on a balance of probabilities that the probative value of the similar fact evidence in relation to a particular issue at trial outweighs … Continue reading

Severance in Ontario Criminal Proceedings

Section 591(3)(a) of the Canadian Criminal Code (“Code”) gives the court broad discretion to sever counts in an indictment where it is satisfied that the interests of justice so require. The accused bears the onus of justifying severance on the … Continue reading

Joint Submissions on Sentencing in Canadian Criminal Cases

It is open for the Crown and Defence to agree on a joint position on sentencing to present to the Court. However it is up to the Judge on whether to accept this joint position. There are key principles at … Continue reading