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What is Jurisdiction?

  The word “jurisdiction” comes from the Latin word ‘juris’ meaning law and ‘dicere’ meaning to speak.  It indicates the authority granted to the courts to deal with and make decisions on legal matters. It also denotes the geographical area the authority applies to. Jurisdiction is what grants the court the power to proceed with a particular offence at a particular time. Any proceeding that is conducted without jurisdiction is a nullity, meaning it will be treated as if it never happened. There are three preconditions which need to satisfied before the court gains jurisdiction. First, there must be a charging document before the court. This is referred to as the information or indictment. The information is the document which sets out the formal accusations against the accused. The crown must prove exactly what is charged in the document.  Any discrepancy between the information and the evidence the prosecution adduces…

19 Apr 2018

Police “Spy” Tactics

17 Apr 2018

Sgt. Aaron Sidenberg of York Regional Police rides the bus to spot texting drivers.   As of 2012, motor vehicle drivers in Ontario face a hefty…

Opinion Evidence at Trial

12 Apr 2018

 When an individual testifies as a witness their primary job is to testify about facts that are within their knowledge. Generally speaking, the court is not interested in a witness’s…

The Doctrine of Common Intention

10 Apr 2018

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…

Formal Admissions

5 Apr 2018

While preparing for a criminal trial, the accused individual and his or her criminal defence lawyer will receive a statement of the prosecution’s case against the accused. Before the trial…

What is Hearsay Evidence?

3 Apr 2018

The rules of evidence dictate what evidence is admissible at a criminal trial. For example, evidence may be deemed inadmissible because it is unreliable, potentially contaminated or has the potential…

Police Torture Tactics

29 Mar 2018

Toronto Police torture tactics drew attention when in 2009 the Ontario Court of Appeal marked a critical judgment on “tortuous” police conduct on two suspects to obtain evidence. In the…