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...
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...
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,...
Often times in a trial, the credibility of a witness is an important issue. The lawyers may seek to attack the credibility of a witness by asking them questions about their criminal record (If they have one). For example, if John Smith swears that he saw my client...
If your child is going to be a witness in a trial, it might be helpful to get some legal advice in advance of his or her testimony in order to ensure that both you and your child understand the risks and obligations that are at play. When a witness testifies in court,...
After you have been arrested you will receive a date to appear in court. The first thing that will happen is that you will receive a copy of the "disclosure". This is all of the evidence that the police have gathered against you. Once you have reviewed all of the...
A call from the police that your child has been arrested and charged with a criminal offence is often in keeping with a parent's worst nightmare. While your head will be swirling with fear and panic, it is helpful as a first step to gain some understanding of the...
Police officers are tasked with protecting our community. They are entrusted with special authority to conduct their duties and their authority hinges on the public's confidence that they will do so to the best of their ability and within the limits of the law. For...
In a bold move, Justice Moldaver, writing for the majority of the Supreme Court, has radically altered the analysis for trial courts deciding whether delays in completing trials are unreasonable. In a rare move, the Court departed from precedent. Justice Moldaver...
In R. v. McGuffie 2016 ONCA 365, the Ottawa Police Service received a telephone from a downtown bar advising that a group of five men in the bar had been seen passing a handgun around. McGuffie walked away quickly from the bar. The officer followed him and caught up...
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