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Le privilège relatif aux conjoints, la doctrine juridique qui interdit à un conjoint de témoigner contre son partenaire, remonte au 19e siècle. Ce «privilège» existait en common law et a été codifié et reconnu sous la règle de l'inhabilité à témoigner. Les conjoints...
In 2016, the Supreme Court of Canada in R. v. Jordan completely changed the landscape of s.11(b) of the Charter of Rights and Freedoms which holds that any person who is charged with an offence has the right to be tried within a reasonable time. The SCC set out a new...
Section 8 of the Charter reads: "Everyone has the right to be secure against unreasonable search or seizure." This right provides you with the primary source of constitutional privacy against intrusion by the state. This section is what prevents police from illegally...
"Dynamic Entires" are a tactic commonly used by the police in drug investigations. Although they thought they could, it turns out the police cannot just have a policy of bashing in your door and throwing a "distraction device" into your front entrance way scaring the...
On June 3, 2020, the Ontario Court of Appeal released a long-awaited judgment on the issue of the constitutionality of s.33.1 of the Criminal Code. If you listened to the media and some social media accounts, you would likely be thinking that this decision has...
Section 7 of the Charter reads: "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice." Section 7 protects three rights: the right to life, the right...
Imagine you are driving to a dinner party with your wife. You are running late. You are both irritated with the other. You both believe the other is the cause for being late. You are bickering on the drive over. Your partner gets frustrated and picks up their...
The impaired driving provisions prohibit the operation of a conveyance while the person's ability is impaired by drug or alcohol or by a combination of both (Section 320.14 of the Criminal Code). As of December 2018, a conveyance means a "motor vehicle, a vessel, an...
No parent wants to hear that their child has gotten into trouble. It can be especially upsetting when he or she is accused of breaking the law. Several things can be going through a parent's mind in this situation. You can be scared, angry and embarrassed. You may be...
La majorité des gens sont pris à rester à la maison. Toutes activités sont annulées. Ceux-ci sont quelqu'une des raisons pour laquelle le taux d'accusations criminelles en Ontario a diminué de plus de 60%. Cependant, avec les gens constamment chez eux, le taux...
