In this seminal decision from the Supreme Court, Justice Cory explained how the reasonable doubt standard should be applied in cases of conflicting evidence, specifically on the question of credibility. …
I've said it before and I'll say it again, courthouses in Ontario are at least a decade behind when it comes to implementing technology. In fact, in some areas, they…
An individual can be convicted of a criminal offence based on the testimony of one witness. The trier-of-fact, of course, would have to believe the witness, and be convinced of…
The whole topic of criminal records is a complicated one. Most consider a "criminal record", in the traditional sense, to be a finding of guilt with an accompanying conviction (essentially…
In R. v. Lincoln, 2012 ONCA 542, the appellant, who had been convicted of possession for the purpose of trafficking, possession of the proceeds of crime, and breach of probation, was found…
One of the most frequent calls I receive is from a complainant after their significant other has been charged with domestic assault or other domestic related charges asking how they can go…
In R. v. Nguyen, 2012 ONCA 523, the Ontario Court of Appeal issued an endorsement upholding the right of a trial Judge to rely on hearsay evidence at a sentencing…
One of the sentencing options available to a court, provided there is no mandatory minimum and the maximum penalty is not fourteen years or life, is to grant a discharge. …
In my last blog I spoke about the arrest, search, and susbsequent release of Jessie Sansone, without search, as a result of his four year-old daughter drawing a picture of…
This is part one of a two part blog entry where I will be talking about breaches, or specifically the criminal charge of failure to comply with recognizance or undertaking…
