Cellphones now facilitate nearly all forms of business and personal activity. And there is no question that cellphones are used to facilitate criminal activity. It has been noted that cellphones are the "bread and butter" of the drug trade and the means by which...
Using Text Messages from the Complainant at a Sexual Assault Trial
by Ian Carter | May 5, 2021 | Sexual Assault
In many sexual assault trials, an accused person will have a copy of text messages or emails from the person making the allegations (known in the criminal justice system as the "complainant"). Sometimes those communications might be about the offences themselves. ...
Police Need Warrant to Seize Airbag Control Module in Dangerous Driving Case
by Ian Carter | Apr 28, 2021 | Driving Offences
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...
Un conjoint peut-il témoigner contre moi dans un procès?
by Jacob Legault | Jul 31, 2020 | Trials
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...
Beyond a Reasonable Doubt
by Michelle O'Doherty | Apr 30, 2020 | Trials
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,...
Can My Wife or Husband Testify Against Me at Trial?
by Jon Doody | Apr 1, 2020 | Domestic Offences
Spousal Privilege, the legal doctrine that prohibited a spouse from testifying against their partner, dates back to the 19th Century. This "privilege", which existed at common law, created the spousal incompetency rule, which codified the privilege. Spouses could not...
Motivation d’une plaignante à mentir lors d’un procès pour agression sexuelle
by Jacob Legault | Mar 18, 2020 | Sexual Assault
Il y a toujours un gros éléphant rose dans la salle d'audience lors d'un procès pour agression sexuelle. POURQUOI une plaignante inventerait-elle cet horrible mensonge. POURQUOI irait-elle voir la police pour se plaindre et POURQUOI subirait-elle un procès où elle...
A Complainant’s Motive to Lie in Sexual Assault Trials
by Kirstin Macrae | Mar 4, 2020 | Sexual Assault
There is always a big pink elephant in the courtroom at a sexual assault trial. Why would a complainant make up this horrendous lie, go to the police complain and then put herself through a trial where she will be cross-examined? Does the defence have to demonstrate...
Expert Evidence
by Michelle O'Doherty | Nov 28, 2017 | Trials
Last week, the Ontario of Appeal heard the appeal of the Christy Natsis case. You may recall the Natsis trial a few years ago: a Pembroke dentist who was charged with impaired driving and driving with over 80 milligrams of alcohol in her system. Ultimately, after 55...
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