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What Is “Beyond A Reasonable...

Reasonable Doubt The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable doubt that the defendant is guilty. The Crown has the burden of proof. This means that the Crown must prove that the defendant is guilty beyond a reasonable doubt. If the Crown fails to prove its case beyond a reasonable doubt, the judge/jury must acquit the defendant. It is not up to the defendant or his or her criminal defence lawyer to prove the defendant’s innocence. At minimum, it is sufficient for the defence to argue that the Crown has failed to prove their case beyond a reasonable doubt. The term “reasonable doubt” has a specific meaning in criminal law. The Supreme Court of Canada has offered a number of guidelines applicable to the concept of reasonable doubt. In our…

4 Jul 2014

Privacy in the Digital Age

20 Jun 2014

Recently, in the case of R. v. Matthew Spencer (June 17, 2014), the Supreme Court of Canada was called upon to consider our right of privacy in the context of…

Authority to Search a Motor Vehicle

10 Nov 2010

In Canada, all powers to search and seize are now subject to section 8 of the Canadian Charter of Rights and Freedoms, which articulates the right not to be unreasonably…

Subway Pusher Found Not Criminally...

28 Oct 2010

R. v. De Oliveira, 2010 ONSC 5847 Reasons for Judgment of Backhouse, J. delivered October 25,2010 BACKHOUSE J.: [1] Adenir De Oliveira is charged with 3 counts of attempt murder…

Not Criminally Responsible – Sec. 16 of...

21 Oct 2010

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…

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…