Not Criminally Responsible On Account of Mental Disorder Contrary to popular culture, a finding of not criminally responsible (by reason of mental disorder) is not a free pass out of the criminal justice system. The concept of not criminally responsible on account of mental disorder (NCR), or what was at one time referred to as…
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…
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…
In a criminal trial, normally only a duly qualified “expert” is permitted to provide opinion evidence to the court. However, lay people, or non-experts are able to provide an opinion on matters that are part of everyday behavioural observation and don’t require special expertise.
Pleading guilty to a criminal offence can have enormous and severe consequences. Consult a lawyer before you contemplate pleading guilty.