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Category Archives: Uncategorized

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Being intoxicated or Impaired may play into your defence

By Cassandra DeMelo | September 10, 2020
Posted in Uncategorized

In criminal law, a key assessment is whether there are any legal defences available for the type of offence charged. For example, the offence …

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Trying to avoid racist Jurists

By Cassandra DeMelo |
Posted in Uncategorized

The idea behind jury trials is that of being judged by a panel of one’s peers. That said, jurors must remain objective throughout the …

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Conduct after committing an offence may be used to prove the offence

By Cassandra DeMelo |
Posted in Uncategorized

In the case of R v Gough, there was no doubt that Mr. Gough unlawfully killed his ex-girlfriend. The question was whether it was …

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Update on Bail: the Crown has to Prove that You Meant to Breach Your Bail Terms

By Cassandra DeMelo |
Posted in Uncategorized

Many clients struggle with the fact that, at a bail hearing, a court can and will order restrictions on their liberty before they have …

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Can you commit sexual assault if you promise to use protection, but don’t?

By Cassandra DeMelo | June 15, 2020
Posted in Uncategorized

The law of sexual assault and consent continues to evolve. In a recent case, R v Kirkpatrick, from the British Columbia Court of Appeal, …

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Misconceptions about bail in COVID-19 times

By Cassandra DeMelo |
Posted in Uncategorized

Some people have complained on social media that COVID-19 is being used as a get-out-of-jail-free card by criminals who deserve to be behind bars. …

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Supreme Court of Canada refuses to create a distinct definition of “trial within a reasonable time” for youths

By Cassandra DeMelo | February 20, 2020
Posted in Uncategorized

BACKGROUND Everyone is constitutionally entitled to a trial within a “reasonable amount of time,” thanks to section 11(b) of the Canadian Charter of Rights …

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Imagine Being Stuck in Jail, with No Ability to Call Home

By Cassandra DeMelo | January 20, 2020
Posted in Uncategorized

Imagine being in one of the scariest places known to our modern society, and not being able to even call and tell your parents/spouse/friend/loved …

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Sexual Assault Laws and Text/Online Communications

By Cassandra DeMelo | January 8, 2020
Posted in Uncategorized

When it comes to sexual assault law, rules were created for good reasons regulating when and how a complainant’s sexual history could be discussed …

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Why a Trial Is Not a Search for the “Truth”

By Cassandra DeMelo | November 28, 2019
Posted in Uncategorized

The purpose of a criminal trial is often misunderstood. The misunderstanding is thanks in no small part to the way criminal trials are portrayed …

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