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Problematic Implications of Bill C-46,...

  The federal government introduced Bill C-46 in July, 2017. This bill is  an Act to amend the Criminal Code and make consequential amendments to other Acts. Bill C-46 is currently before parliament but has not yet received royal assent. Contained in Bill C-46 are substantial changes to the way drinking and driving cases are prosecuted. Consequent to Bill C 46 the police will be empowered to make determinations as to the guilt and innocence of individuals with respect to drinking and driving cases, without due process for the accused. Furthermore, there is a proposal contained in Bill C – 46 that would shift the burden of proof from law enforcement to the accused, where the accused would have to prove to the officers that they had not been drinking and driving. Their guilt would be assumed upon suspicion. Should Bill C-46 become legislated, mandatory roadside breath samples and much…

1 May 2018

Assault by Parents

24 Apr 2018

  Assault is illegal under the Criminal Code of Canada. Assault, as defined in the Code, includes any form of physical punishment parents, teachers or caregivers traditionally use to correct…

What is Jurisdiction?

19 Apr 2018

  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…

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…