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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


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


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


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
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