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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 inadmissible at trial is hearsay evidence, unless it falls within a number of categories of exceptions to the general rule. Hearsay evidence is testimony by a witness about a statement made to that witness by another person who will not be called as a witness. If a witness wants to testify about a statement that they made out of court to another person (“I told Joe that I was going to the store”), such a statement is not hearsay and is admissible in court. However, if a witness wants to testify about what another person told them (“Mary told me that she saw Bill running from the scene of…

3 Apr 2018

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…

What are the Different Types of Search...

27 Mar 2018

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…

Section 12 of The Charter of Rights and...

22 Mar 2018

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…

Firearm Offences in Canada

20 Mar 2018

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…

Possession of Prohibited Weapons- Pepper...

16 Mar 2018

  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…

Striking Down The Mandatory Minimum, R. v....

13 Mar 2018

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…