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In a recent case before the Ontario Superior Court, an individual was charged with two counts of dangerous driving causing bodily harm. The charges arose out of a collision at an intersection as one the vehicles was attempting to make a left turn. At the outset of...
The criminal justice system in Canada has long recognized the accused's right to be tried within a reasonable time. In fact we've put it right there in black in white in the Canadian Charter of Rights and Freedoms (section 11(b)). However, if your child is charged...
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...
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...
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...
The Charter of Rights and Freedoms, or the Charter, is a bill of rights that forms part of our Constitution. It was enacted in 1982, and guarantees civil rights to everyone in Canada from the actions of state actors. It ensures that the Government, and those that act...
As most people - within the criminal justice system or not - are aware, one of the cornerstones of our system is that an individual is presumed innocent unless their guilt has been established beyond a reasonable doubt. But what may be less clear for most people is,...
You are arrested (perhaps for an impaired driving charge) and in police custody, asking to speak to counsel of your choice. Police contact this lawyer who does not pick up the phone. Police then ask you if you wish to speak to duty counsel. Is there any problem with...
