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Character Evidence

During the course of a criminal trial the prosecution may try to lead character evidence about the accused individual. For legal purposes, the word “character” refers to a generalized description of a person’s disposition, or that person’s disposition in respect of a general trait such as honesty, temperance or peacefulness. Character evidence is evidence that indicates that the defendant has acted a specific way before, for example dishonestly or violently, and asks the jury to infer that that prior behaviour allows for a  a negative inference to be drawn in respect to an accused’s character with respect to a particular trait. The jury is then asked to specifically infer that that the defendant acted in accordance with that character trait in the incident before the court. As a general rule, courts will not allow the prosecution to lead evidence about the character of the defendant during the course of his…

14 Jan 2010

Impaired by Drugs

3 Jan 2010

Under Canadian law it is illegal to drive when impaired. Usually when we hear about impaired driving in the media, the focus is on drinking and driving. However, it is…

Peacebonds: Section 810 of the Criminal Code...

19 Dec 2009

A Peacebond is a court order requiring a specific individual to “keep the peace and be of good behaviour”. A peacebond is not a conviction and it will not appear…

If Tiger Woods Happened on the Bridal Path

15 Dec 2009

In the controversy surrounding Tiger Wood’s recent driving accident, it has been rumored that Mr. Wood’s blood tests from the hospital revealed that he had consumed alcohol, prescription drugs and…

Sexual Assault – Consent (alcohol, fraud)

13 Dec 2009

Sexual assault is a criminal offence under s. 271 of the Criminal Code. Sexual assault is defined as any form of sexual contact without the consent of either party involved…

Is Marijuana Illegal?

7 Dec 2009

There is confusion amongst members of the public as to whether or not simple possession of marijuana is illegal. This confusion has been caused by various court decisions and a…

Emigration (US) Repercussions of a Criminal...

1 Dec 2009

Our clients are often concerned about the effect a criminal conviction could have on their ability to travel to the United States. If you are convicted of a criminal offence…