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911 Calls as Evidence in Criminal Trials: What You Need to Know
911 calls are often some of the most powerful pieces of evidence in a criminal case. They can capture events in real time, including a caller’s tone, emotions, and immediate reaction to an incident. But just because a 911 call exists does not mean it can automatically be used in court.
23 hours ago2 min read


When Property Can Be Taken After a Criminal Case: Understanding Forfeiture Laws
In some criminal cases, the consequences go beyond fines or imprisonment. The court may also order the forfeiture of property connected to an offence.
2 days ago1 min read


Obstructing a Police Officer: What the Law Really Requires
Being charged with obstructing a police officer is more complex than many people realize. The offence is not simply about refusing to cooperate—it depends on whether a person actually interfered with an officer carrying out a lawful duty.
3 days ago1 min read


Media Attention in Criminal Cases: Does Publicity Reduce a Sentence?
Media attention often surrounds criminal cases, particularly those involving emotionally charged allegations such as animal abuse. While public scrutiny can be intense, its legal impact on sentencing is more limited than many people assume.
4 days ago1 min read


When Judges Go Beyond the Evidence: Understanding Judicial Notice in Criminal Trials
In a criminal trial, decisions are supposed to be based on evidence presented in court. However, there are limited situations where a judge can rely on facts that were not formally proven. This is known as judicial notice. Judicial notice allows a judge to accept certain facts without requiring evidence, but only in narrow circumstances. These are facts that are either widely known or can be easily verified using reliable sources. Problems arise when a judge goes beyond these
5 days ago1 min read


Hearsay and the State of Mind Exception: What It Means in Criminal Trials
In criminal trials, hearsay evidence is generally not allowed. This means that statements made outside of court cannot usually be used to prove the truth of what was said. However, there are important exceptions—and one of the most significant is the “state of mind” exception. This exception allows certain out-of-court statements to be admitted where they reflect a person’s thoughts, intentions, emotions, or beliefs at the time they were made. In the right circumstances, thos
6 days ago2 min read


Multiple Charges or Co-Accused?Understanding Joinder and Severance in Criminal Cases
The general rule is that related charges and co-accused are tried together. This promotes efficiency and helps avoid inconsistent verdicts. However, this is not always fair to the accused.
6 days ago1 min read


Asset Forfeiture in Criminal Cases: What You Need to Know About Reverse Onus Laws
In some criminal cases in Ontario, the Crown may seek to take your property through a process called forfeiture. While this typically requires proof that the property is linked to a specific offence, there are situations where the burden shifts to you.
7 days ago1 min read


Electronic Signatures, E-Filing, and E-Service in Ontario Criminal Courts: What You Need to Know
Digital processes are now a central part of criminal law practice in Ontario. Courts across the province accept electronic signatures, require electronic filing, and permit electronic service in many situations.
7 days ago2 min read


How Pre-Trial Custody and Bail Conditions Can Reduce Your Sentence in Ontario
Courts often apply what is known as ‘enhanced credit’ for time spent in pre-trial custody. In many cases, this means you may receive more than one day of credit for each day spent in detention, recognizing the harsher realities of remand facilities.
Jul 101 min read


What Is Judicial Bias? Understanding Your Right to a Fair Criminal Trial
A fair trial is a fundamental right in Canada. Central to that right is the expectation that judges will remain impartial throughout the proceedings.
In some cases, concerns arise about whether a judge’s conduct creates a ‘reasonable apprehension of bias.’
Jul 91 min read


Using Civil Case Documents in Criminal Proceedings: What You Need to Know
Some materials - such as court orders, pleadings, and documents filed in open court - are public. These can generally be obtained without a warrant because there is no reasonable expectation of privacy.
Jul 81 min read


Child Abduction Charges in Canada: What You Need to Know
The Criminal Code creates different offences depending on the age of the child and the relationship between the accused and the child. These range from abduction by a stranger to situations involving parents or guardians.
Jul 71 min read


Accessing Child Pornography Charges: Understanding the Law in Canada
Charges for accessing child pornography are among the most serious offences in Canadian criminal law. However, the legal definition of ‘accessing’ is more specific than many people assume.
Jul 61 min read


Abuse of Process in Criminal Law: When Charges Can Be Stayed
In Canadian criminal law, courts have the power to stop a prosecution where continuing would be fundamentally unfair. This is known as an ‘abuse of process’. The Supreme Court of Canada has set out a three-part framework for determining whether abuse of process exists.
Jul 51 min read


What Happens If Someone Fails toAppear in Court? Understanding Absconding
Failing to attend court is a serious issue, but not every missed appearance amounts to ‘absconding’ under the law. In criminal cases, an accused is considered to have absconded when they deliberately avoid court proceedings in order to frustrate the process or avoid the consequences.
Jul 41 min read


Leaving a Child Alone: When Does ItBecome a Criminal Offence?
In Canada, leaving a child unattended can, in some circumstances, lead to criminal charges. One of the key offences is ‘abandoning a child’ under the Criminal Code.
Jul 31 min read


Crown Applications to Re-Open a Criminal Case: What Defence Lawyers Should Know
The Crown may only seek to re-open its case after it has closed its evidence and before a verdict is rendered.
Jun 152 min read


Re-Electing Mode of Trial During COVID-19: Strategic Considerations
For many indictable offences, accused persons may re-elect their mode of trial, sometimes as of right and sometimes with prosecutorial consent. These decisions must comply with strict Criminal Code timelines and formalities.
Jun 151 min read


Price Gouging During COVID-19: A Defence Perspective
During the COVID-19 pandemic, governments moved quickly to prohibit price gouging of necessary goods. These offences, while regulatory in nature, carry serious consequences and require careful legal analysis from defence counsel.
Jun 151 min read
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