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La défense de contrainte est disponible pour de nombreuses infractions criminelles, bien que son applicabilité à une accusation de meurtre semble être extrêmement limitée. Il peut toutefois survenir dans une accusation de voit de fait ou trafic de drogue. La défense...
Defence counsel are often faced with difficult tactical decisions to make at the end of a murder case. One of those difficult decisions is how to deal with alternative defences without undercutting the main defence theory. For example, the accused’s main defence may...
The defence of duress is potentially available for many offences, although its applicability to a murder charge would appear to be extremely limited. It may, however, arise in an assault or drug trafficking case. In essence, the defence is that a person was forced...
If you have been charged with sexual assault or sexual interference, one of the potential defences is that the activity in question was not sexual in nature. The defence operates slightly differently depending on which charge you are facing. 15. Section 153(1)(a)...
Imagine a scenario in which an individual fires a gun into the air in a crowded room. The offence of intentionally discharging a firearm being reckless to the life or safety of another person (s. 244.2 of the Criminal Code) is a newer firearm offence that was...
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...
