by TDL under | Apr 12, 2018 | General Category
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...
by TDL under | Apr 10, 2018 | General Category
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.”...
by TDL under | Apr 5, 2018 | General Category
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...
by TDL under | Apr 3, 2018 | General Category
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...
by TDL under | Mar 29, 2018 | General Category
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...
by TDL under | Mar 27, 2018 | General Category
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....
by TDL under | Mar 22, 2018 | General Category
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...
by TDL under | Mar 20, 2018 | General Category
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...
by TDL under | Mar 16, 2018 | General Category
Criminal defence lawyers often encounter questions about the legality of weapons other than firearms, such as pepper spray, nunchuks, and knives. Part III of the Criminal Code deals with “prohibited weapons”. There are three ways that a weapon can be prohibited. The...
by TDL under | Mar 13, 2018 | General Category
In Canada, mandatory minimum sentences are imposed on individuals convicted of certain criminal offences. This means that sentences imposed on individuals convicted of criminal offences that carry mandatory minimum sentences cannot be less than the corresponding...
