Apr 10
Charter Rights: The Exclusion of Evidence
In Canada, the rules for excluding evidence are primarily governed by the Canadian Charter of Rights and Freedoms and the common law. The exclusion of evidence is an important issue in criminal trials because evidence that is obtained in violation of an accused person’s constitutional rights may not be admissible in court.
Apr 10
Charter Rights: When Can the Police Arrest Me?
The police can arrest a person when they have reasonable grounds to believe that the person has committed or is about to commit an indictable offense, or when they have a warrant for the person’s arrest.
Oct 30
The Supreme Court of Canada’s ruling in R. v. Ndhlovu Striking Down Provisions of the Criminal Code of Canada in Relation to the SOIRA Orders
On October 28, 2022, the Supreme Court of Canada struck down Provisions of SOIRA (Sexual Offender Information Registry Act) in R. v. Ndhlovu…
May 12
R. v. J.F. – How is Delay Calculated on a Re-Trial
In R. v. J.F., the Supreme Court of Canada ruled on how delay (R. v. Jordan) is calculated on a re-trial. The court allowed the Crown’s appeal, set the stay…
Apr 30
Section 11(b) of the Charter: How Long of a Delay for Your Case is Too Long?
Perhaps one of the greatest complaints of the criminal justice system is its long and tedious process. Given the abrupt nature of the COVID19…