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What Is A Reasonable Prospect of Conviction?

In the case of Proulx v. Québec [2001], the Supreme Court of Canada discussed the concept of a reasonable prospect of conviction and said the following: “To say that a prosecutor must be convinced beyond a reasonable doubt of an accused person’s guilt before bringing charges is obviously incorrect. That is the ultimate question for the trier of fact, and not the prosecutor, to decide. However, in our opinion, the Crown must have sufficient evidence to believe that guilt could properly be proved beyond a reasonable doubt before reasonable and probable cause exists, and criminal proceedings can be initiated. A lower threshold for initiating prosecutions would be incompatible with the prosecutor’s role as a public officer charged with ensuring justice is respected and pursued.” Today the Crown Attorney’s office withdrew drinking and driving charges against Toronto Raptors centre Jonas Valanciunas, citing “no reasonable prospect of conviction.” The withdrawal of the…

16 Jul 2014

Is It A Crime to Miss Your Court Date?

14 Jul 2014

Missing a court date can result in further criminal charges being laid against an accused person. Failure to appear in court as required is a violation of the law which…

What Is “Beyond A Reasonable...

4 Jul 2014

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…

Can Carrying A Weapon Lead to Criminal...

2 Jul 2014
Carrying a weapon can be a criminal offence, know the law before you get arrested. Ignorance of the law is no defence.

Section 88 of the Criminal Code makes it a criminal offence to carry a weapon for a purpose “dangerous to the public peace”. This section applies to weapons other than prohibited weapons. Prohibited weapons are…

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…