Basic Trial Procedure A criminal trial begins with the formal arraignment (reading of the charges) to the accused(s). A plea of “not guilty” is required in most cases. Once the arraignment has begun, the Crown Attorney (prosecutor) commences producing evidence to demonstrate that the accused was the perpetrator of the offences for which they have…
What is your election, Jury or Judge Alone? In Canada, all criminal charges are classified into three categories: a) summary conviction offences, b) indictable offences, or c) hybrid offences. Pure summary conviction offences are those that are considered less serious, whereas pure indictable offences are those considered the most serious under Canadian criminal law. Hybrid offences are…
Respecting and Maintaining Professionalism as a Lawyer True, we build no bridges. We raise no towers. We construct no engines. We paint no pictures. There is little of all that we do which the eye can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men and women’s…
Anatomy of a Criminal Proceeding by Hans John Kalina What exactly does a lawyer do to assist their client in a criminal proceeding? It’s a question that is often asked and poorly understood. American television programs promote the myth of a lawyer walking into a prosecutor’s office, throwing down a file and yelling to advance…
The Law of Bail in Canada Revisited June 2, 2017 Being arrested by the police is a traumatic event. Once in the criminal justice system, the process of being released from custody can be perplexing and stressful. This week, The Supreme Court of Canada rebuked the culture around the process of granting bail. Procedurally, the…
What to do When Stopped by the Police Being stopped by the police, whether at home, in your car, or on the street can be a source of anxiety. The following guidelines will help you protect your rights and improve your chances of driving or walking away safely. You don’t have to be a legal…
Tax and Customs evasion charges do not fall under the Criminal Code of Canada, and have not historically resulted in individuals being denied entry to the United States. With the Canada Revenue Agency’s (CRA) reported new plan to fingerprint individuals accused of these offences starting on April 1, 2017 this could change.
Most of us believe that we have a good memory. That our memory is like a film recording that we can play back to provide an accurate recollection of events. However, research shows that the truth is much different. Recent studies reinforce the fact that our memories are fallible and unreliable, even though an emotional connection with an event enhances memory formation.
a Nova Scotia judge who said that “clearly a drunk can consent” as he acquitted a Halifax taxi driver of sexually assaulting an intoxicated passenger found partly naked and unconscious in the back of his cab.
When is a Search Warrant Valid? In R. v. Gabaret, 2017 ONCA 139 , released yesterday, the Court of Appeal for Ontario reiterated the preconditions for a valid search warrant. By way of background, in order for the police to obtain a search warrant, the officer must swear an affidavit titled as an “information to…
