Criminal Offences

In a recent criminal action, R. v. Goro (2017), the judge was required to rule on two pre-trial motions in connection with a cold-case investigation that led to a second-degree murder charge against the accused. The Crown brought a pre-trial application to admit evidence of several incidents where police investigated the accused but where there were …

Can Evidence of past Police Investigations be admitted in my Trial? Read More »

When you are stopped by a police officer and questioned regarding the possession of drugs or alcohol, the general rule is to be polite but don’t admit to anything.  Always correctly identify yourself when asked, and if you are driving, provide your licence, vehicle registration and insurance documentation; however, beyond this information, you are not …

Appeal Court dismisses minor Marijuana Possession Charge Read More »

Many sexual assault cases rest on the testimony evidence of the complainant and the accused person.  The complainant’s testimony is often the Crown’s only evidence of the criminal action that is being alleged.  And, because the onus is on the Crown to prove the guilt of the accused person beyond a reasonable doubt, it is …

Judge doubts the Reliability of Complainants’ Testimony in Sexual Assault Case Read More »

In order to prove a charge of dangerous driving beyond a reasonable doubt, the Crown must present evidence that the accused person’s driving was a marked departure from the manner in which a reasonable person would drive under the circumstances.  A driver who makes a temporary error in judgement resulting in a serious accident, is …

Dangerous Driving Conviction requires a ‘Marked Departure’, not a Standard of Perfection Read More »

When a Crown prosecutor agrees to withdraw a criminal charge, the Crown often sets a condition that the accused person must first enter into a peace bond.  A peace bond is not an admission of guilt and does not result in a criminal record.  Rather, it is a court order that requires the accused person …

When is a Peace Bond the best Course of Action? Read More »

In July 2016, Canada’s Supreme Court of Canada made a landmark decision on the constitutional right to be tried within a reasonable time.  In a ruling known as “the Jordan decision”, the Supreme Court defined strict deadlines for bring criminal cases to trial –18 months in a provincial court and 30 months in a superior …

Ontario’s Attorney General calls for new Measures to speed up Criminal Trials Read More »

Under the Criminal Code, s. 273, a person may be found guilty of aggravated sexual assault if they failed to disclose their HIV-positive status prior to intercourse and there is a realistic possibility that HIV will be transmitted.  Although Canada’s Criminal Code makes no specific reference to “HIV”, section 273(1) of the Code states, “Every …

Are Canadian Courts applying the Law unfairly and too broadly for Sexual Assault Convictions involving ‘Positive-HIV Status’ Read More »

In a 2016 trial, a man successfully appealed his earlier conviction on drug charges as well as his ten-year sentence.  In 2014, an Ontario court found the man guilty of possession for the purpose of trafficking heroin (1.5 ounces), cocaine (7 grams) and crystal methamphetamine (2 ounces), as well as possession of hydromorphone. In the …

Acquittal on Drug Charges due to Serious Charter Rights Violations Read More »