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August 2020 Archives

Breach of Recognizance: Zora

A defendant is charged with a criminal offence, such as a domestic assault, and released with bail conditions. The police allege that the defendant has breached those conditions; he is arrested and charged under s.145(3) of the Criminal Code. Most recently, the Supreme Court of Canada has released a decision regarding what the mens rea is for a breach of bail conditions, the level of fault that the Crown has to prove in order for a person to be found guilty of the offence. Before the Supreme Court's decision in R. v. Zora, courts across the country treated the level of fault differently.

Can the police use excluded wiretaps at trial?

You've been charged with a criminal offence, such as conspiracy to traffic cocaine. The police used an agent and a wiretap to gather incriminating evidence against you. In doing so, they breached your Charter rights. The presiding judge rules that the wiretaps should be excluded, but that the agent can still give evidence.

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August 2020 Archives | Ottawa Criminal Law Blog