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Hearsay Evidence and Inadmissibility

R v Threefingers, 2016 ABCA 225 is a good case on the inadmissibility of Hearsay evidence. This case illustrates the difficulty courts have in admitting hearsay evidence if it does not meet the requirements under the Modern Principled Regime. Live questions of reliability will always give the accused a fighting chance in criminal proceedings. Background This Read More

The Demand for Identification is a Search or Seizure

Police officers have no power to demand your identification- “The common law does not require a citizen to identify oneself or carry identification of any sort. Therefore, while it may be a mark of a good citizen to identify oneself when asked to do so, a police officer must not use force to compel someone Read More

Hearsay and Reliability in Sexual Assault Cases

R. v. B.P.  [2016] O.J. No. 3550 2016 ONSC 4244: Reliability This is a case which addresses addresses issues of hearsay and reliability  in a sexual assault scenario. Background In this case the 9 year victim suffered from a “number of disabilities, including autism, anxiety disorder, seizure disorder and a syndrome known as Prader-Willi, which Read More

Eyewitness Identification

R. v. Bailey, 2016 ONCA 516, is an interesting case from the Ontario Court of Appeal on the perils of Eyewitness Identification. Background Bailey was charged with first degree murder during an attempted robbery. The mother of his victim identified him in court 2 ½ years after the alleged incident. Moreover, there was suggestion that Read More

Conditional Discharges in Spousal Assault Cases

Conditional Discharges in Spousal and Domestic Assaults It would seem that Conditional Discharges in Spousal or other domestic assault cases are granted relatively easily. R. v. A.G. [2005] A.J. No. 1226 is a case where conditional discharge was granted where the accused grabbed stool and threw it, took complainant by the hair and bent her Read More

Trial Within a Reasonable Time

Trial Within a Reasonable Time R. v. Jordan, 2016 SCC 27 and R v Williamson 2016 SCC 28: The Right to be tried within a Reasonable Time In R v Jordan, a majority of the Supreme Court devises a new framework for determining whether the s. 11 right to be tried within a reasonable time Read More

Expanding McNeil Disclosure

R v Lam 2016 ABQB 201: First Party vs Third Party Disclosure This case deals with the issue of whether records pertaining to a criminal investigation of an Officer involved in the case of the accused is first party disclosure under Stinchcombe or third party disclosure properly dealt with an O’Connor application. The Court conducts Read More

The Relevance of Third Party Charter Violations

R. v. Guindon (the relevance of 3rd party charter violations) [2015] O.J. No. 7169 2015 ONSC 4317 In this case the issue to be determined was whether evidence obtained in violation of the Charter rights of a third party should be excised from affidavits and ITOs that were used to obtain orders that do engage Read More

WD

WD R. v. Kennedy.  [2015] N.J. No. 107, 2015 NLCA 14 Facts: This is a rather straightforward sexual assault case. The accused forced himself on the complainant, inserted a finger and his penis into her vagina. There was evidence before the court in the form of the complainant’s testimony, a witness’ testimony, text messages between Read More

Garofoli Procedure

Garofoli Procedure R. v. Burgher, [2014] O.J. No. 6449, 2014 ONSC 4527 PRE-TRIAL RULING THE PROCEDURE PURSUANT TO R. V. GAROFOLI Background: This is a pre-trial application on the nature of the steps articulated by Sopinka J. in Garofoli in challenging a wiretap or a search warrant. It is useful to reproduce the six steps here. 1.      1-Upon Read More

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