Reasonable Doubt
Anyone charged with a criminal offence in Canada is presumed to be innocent. That is just a fancy way of saying that the prosecution must prove someone charged with a…
James C Morton
Third Party Suspect
R. v. Salomonie, 2015 NUCJ 05: The law is fairly well settled. Evidence that a person other than the accused committed the crime is referred to in the authorities, variously,…
Misapprehension of evidence
R. v. A.F., 2016 ONCA 263: However, it is not enough for the appellant to identify a misapprehension of the evidence in order to succeed. As Binnie J. stated in…
Talking to a lawyer
Dealing with lawyers is not much fun – usually you only have to speak to a lawyer when there is a problem. There is a strong temptation is to assume…
Roadside Stops
R. v. Harflett, 2016 ONCA 248: As Binnie J. observed, roadside stops "sometimes develop in unpredictable ways": R. v. Nolet, 2010 SCC 24, 1 S.C.R. 851, at para. 4. In…
Can I get a peace bond?
If someone is harassing you it is possible, in some circumstances, to get what is known as a peace bond. That is a court order requiring that person to leave…
A Modest Proposal for Speedier Justice
What do you tell victims of crime when they find out that because of delays in the justice system they will not get their day in court? What do you…
The Truth In Sentencing Act does not apply to people convicted of an offence predating the coming into force of the Act
As the decision is not widely available yet it is reproduced below in full:Citation: R. v. Takawgak, 2015 NUCJ 40 Date: 20151023 Docket: 11-13-29 Registry: Iqaluit Crown: Her Majesty the…
If an accused behaves so as to make a preliminary inquiry impossible that accused is deemed to waive the preliminary
R v Grant, 2016 ONCJ 170:A preliminary inquiry is not automatic and is to be held only following a request from either the Crown or the accused. In this case…
Licence Suspensions for Driving and Driving
Drinking and then driving while impaired by alcohol is a serious criminal offence. This is true regardless of what type of motorized vehicle is being driven. Recently an Ontario man…
Role of reviewing judge on a certiorari from a preliminary inquiry
R. v. Wilson, 2016 ONCA 235: The scope of certiorari review is "very limited": R. v. Russell, 2001 SCC 53, 2 S.C.R. 804, at para. 19. In R. v. Manasseri,…
Nunavut MLA missing for a week found alive on Baffin Island Searchers on Twin Otter spotted snowmobile tracks Thursday evening
http://www.cbc.ca/beta/news/canada/north/missing-mla-pauloosie-keyootak-found-1.3513174
Being a witness
There has been a lot of media discussion about being a witness at a trial and how difficult that is. Certainly being a witness can be scary and it's easy…
Laws
People crushed by law, have no hopes but from power. If laws are their enemies, they will be enemies to laws; and those who have much to hope and nothing…
Unreasonable Verdict
R. v. McCracken, 2016 ONCA 228: The question for an appellate court assessing an unreasonable verdict argument is whether, on the whole of the evidence, the verdict is one that…
,,,the offence of impaired driving causing death will attract a substantial penitentiary sentence, even for first offenders of good character
Muzzo decision: http://www.ontariocourts.ca/en/2016ONSC2068.htm