In criminal law, a key assessment is whether there are any legal defences available for the type of offence charged. For example, the offence …
Trying to avoid racist Jurists
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 …
Conduct after committing an offence may be used to prove the offence
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 …
Update on Bail: the Crown has to Prove that You Meant to Breach Your Bail Terms
Many clients struggle with the fact that, at a bail hearing, a court can and will order restrictions on their liberty before they have …
Can you commit sexual assault if you promise to use protection, but don’t?
The law of sexual assault and consent continues to evolve. In a recent case, R v Kirkpatrick, from the British Columbia Court of Appeal, …
Misconceptions about bail in COVID-19 times
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. …
Supreme Court of Canada refuses to create a distinct definition of “trial within a reasonable time” for youths
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 …
Imagine Being Stuck in Jail, with No Ability to Call Home
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 …
Sexual Assault Laws and Text/Online Communications
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 …
Why a Trial Is Not a Search for the “Truth”
The purpose of a criminal trial is often misunderstood. The misunderstanding is thanks in no small part to the way criminal trials are portrayed …