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Charged with Careless Driving in Ontario? An Accident Alone Is Not Enough
A careless driving charge can feel overwhelming. The allegation itself often carries a stigma, suggesting that a driver acted recklessly or irresponsibly. However, the law in Ontario is far more nuanced than many people realize.
Jul 292 min read


Cell Phone Searches After Arrest: Understanding Your Charter Rights
Cell phones contain some of the most private information people possess. As a result, searches of mobile devices frequently become the focus of Charter litigation.
Jul 281 min read


Charged with Causing a Disturbance? Free Expression Is Not a Crime
Many people are surprised to learn that shouting, swearing, singing, or using offensive language is not automatically a criminal offence in Canada.
Jul 271 min read


When Causation Becomes the Real Defence in a Criminal Case
Causation is one of the most misunderstood concepts in criminal law. Many people assume that if an accused person played some role in an event, criminal liability automatically follows.
Jul 261 min read


Business Records in Criminal Trials: More Than Just Paperwork
Business records play a significant role in modern criminal prosecutions. Cell phone records, hospital files, banking documents, travel histories, and electronic databases are frequently relied upon as evidence.
Jul 251 min read


HIV Non-Disclosure and Criminal Liability in Canada
The law surrounding HIV non-disclosure is one of the most complex areas of Canadian criminal law because it involves evolving medical science and serious legal consequences.
Jul 251 min read


Animal Abuse Charges in Canada: Understanding the Law
Animal abuse allegations can result in serious criminal consequences. In Ontario, both the Criminal Code and provincial animal welfare legislation may apply depending on the circumstances.
Jul 231 min read


When the Court Appoints a Lawyer to Conduct Cross-Examination
In some criminal cases, a self-represented accused person may not be permitted to personally cross-examine a witness. Instead, the court may appoint counsel for that limited purpose.
Jul 231 min read


Amplification Evidence in Search Warrant Challenges: What Defence Clients Should Know
When police obtain a search warrant, they must justify the search before it takes place. Courts generally do not allow investigators to repair major defects in a warrant application after the fact.
Jul 221 min read


Can the Defence Point to Another Suspect?
The criminal justice system requires the Crown to prove guilt beyond a reasonable doubt. One way a defence may raise doubt is by introducing evidence that another person committed the offence.
Jul 211 min read


Alibi Evidence: One of the Strongest Defences in Criminal Law
An alibi is one of the most powerful defences available in a criminal case. The principle is simple: if you were somewhere else when the offence occurred, you could not have committed it.
Jul 201 min read


Can Silence Be Used Against You Understanding “Adoption by Silence” in Criminal Cases
Many people assume that remaining silent cannot be used against them in a criminal case. While that is often true, there is an important exception known as “adoption by silence.”
Jul 191 min read


Foreign Criminal Records in Canadian Courts: When Can They Be Used?
Criminal records from another country can sometimes be introduced in Canadian proceedings, but strict rules govern how they are admitted and used. The Canada Evidence Act permits foreign convictions to be used in certain circumstances, particularly when credibility is at issue. Canadian courts generally recognize that a conviction abroad may have relevance similar to a conviction obtained in Canada. However, not every foreign finding of guilt will qualify. Courts examine whet
Jul 181 min read


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.
Jul 172 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.
Jul 161 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.
Jul 151 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
Jul 131 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.
Jul 121 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.
Jul 111 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.
Jul 112 min read
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