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Not Criminally Responsible – Sec. 16 of...

Sec. 16 of the Criminal Code reads as follows: 1. Defense of mental disorder – No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. 2. Presumption – Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. 3. Burden of Proof – The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue. In 1992, Bill C-30 came into force which reformed (at least partially) the law at it relates to the defence of “not…

21 Oct 2010

Hearsay Evidence

18 Oct 2010

Generally speaking, a hearsay statement is an out-of-court statement made by person A to person B (or overheard by person B), which is being tendered in court as evidence of…

Wiretaps

9 Oct 2010

Though members of the public often interpret the word “wiretap” is referring only to listening devices used to intercept telephone calls, criminal defence lawyers and other legal practitioners use the…

Remedies Pursuant to the Canadian Charter of...

5 Oct 2010

It is very important for every Canadian to understand, not only his or her rights under the Canadian Charter of Rights and Freedoms, but also how those rights can be…

Accessory After the Fact

27 Sep 2010

An individual may be liable for those offences which he she does not commit as a principle offender but in which he or she plays a part in committing. When…

Airport Security

20 Sep 2010

There is no place on Canadian soil where individuals have less constitutional protection than at an international airport. The government and the courts have determined that overriding concerns for effective…

Criminal Records Legislation Passed by MP’s

13 Jul 2010

Many individuals with criminal records opt to apply for a pardon in order to negate the detrimental effect a criminal record can have on daily life. The ability to get…