Opinion Evidence at Trial

 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 opinion on particular facts. That is because, in general, witnesses are not experts...

The Doctrine of Common Intention

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 an individual becomes liable for an offence in this way, he or she is referred to as a “party to the offence.”...

Formal Admissions

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 begins and during the course of the trial, the defendant and his or her defence...

What is Hearsay Evidence?

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 to prejudice the jury. One type of evidence that is generally...

Police Torture Tactics

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 reports, Neil Singh and his alleged accomplice were “tortured” by a Toronto police...

What are the Different Types of Search Warrants?

Canadian criminal law is concerned with balancing society’s interest in preventing and punishing harm with preserving respect for the liberty and privacy rights of individuals. This tension is particularly relevant when the police wish to search a person or location....

Section 12 of The Charter of Rights and Freedoms

Section 12 of the Canadian Charter of Rights and Freedoms guarantees every individual “a right not to be subjected to any cruel and unusual treatment or punishment”. Though s. 12 is not used as frequently by criminal defence lawyers as some of the other legal rights...

Firearm Offences in Canada

Part III of the Criminal Code of Canada sets out firearm offences. These offences are further split into categories including the use, possession, trafficking, assembling, exporting/importing, and offences relating to lost, destroyed, or defaced weapons. This post...
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