Category Archives: Uncategorized

A statement by an accused person will be ruled inadmissible in evidence if it is the result of “fear of prejudice or hope of advantage.” In this respect the Court must find that there was a threat, promise or inducement, … Continue reading →

Sometimes fresh evidence on an appeal from a criminal conviction can have a significant effect on the appeal outcome. However the appeal court will not accept fresh evidence routinely. Criteria must be met before the Appellate court will accept fresh … Continue reading →

Perjury is a serious offence that is punishable by imprisonment up to 14 years. In Criminal proceedings the offence can result in a miscarriage of justice or the obstruction of justice. Perjury is a crime that primarily is based on … Continue reading →

In an assault case, one should  consider whether the defence of self-defence applies. In some assault cases the facts will be so obvious that this defence clearly does not apply. However in other cases, an accused may wish to advance a self-defence … Continue reading →

A failure to appear in Court charge is a true criminal offence which requires proof of mens rea or in other words, a guilty state of mind sometimes referred to as a guilty intention. The prosecution must establish a mental … Continue reading →

The right to a fair and impartial trial is guaranteed by s. 11(d) of the Canadian Charter of Rights and Freedoms. Judges must base their decisions on an impartial review of the evidence and submissions of the parties. The judicial … Continue reading →

If the Police have reasonable and probable grounds to arrest a person for impaired driving or Over 80 , any breath tests with the Intoxilyzer must be taken “as soon as practicable”. What does “as soon as practicable ” mean?  It … Continue reading →

The credibility of witnesses at Criminal Trials is important. For example, a Crown’s case built on the credibility of one or two key witnesses can be destroyed if those witnesses are found not credible at trial. The concept of credibility … Continue reading →

No one is above the law. This includes the Police. In carrying out their duties in the heat of the moment, Police Officers must be very careful not to cross the line and break the law. Where this occurs and … Continue reading →

The Canadian Criminal Offence of Mischief, for example Mischief under $5,000, has its unique requirements pertaining to the damage analysis. To criminalize mischief, the damage to property must be more than negligible, more than a minor inconvenience. To prove damage ,the … Continue reading →