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Dangerous Driving Conviction requires a ‘Marked Departure’, not a Standard of Perfection
In order to prove a charge of dangerous driving beyond a reasonable doubt, the Crown must present evidence that the accused person’s driving was a
When is a Peace Bond the best Course of Action?
When a Crown prosecutor agrees to withdraw a criminal charge, the Crown often sets a condition that the accused person must first enter into a
Judge upholds Acquittal on Impaired Driving Charge for Case involving Prescription Drugs combined with Alcohol
In a 2016 trial, an Ontario Court heard the appeal of a 2015 summary conviction decision which found a man ‘guilty’ on the charge of
Ontario’s Attorney General calls for new Measures to speed up Criminal Trials
In July 2016, Canada’s Supreme Court of Canada made a landmark decision on the constitutional right to be tried within a reasonable time. In a
Are Canadian Courts applying the Law unfairly and too broadly for Sexual Assault Convictions involving ‘Positive-HIV Status’
Under the Criminal Code, s. 273, a person may be found guilty of aggravated sexual assault if they failed to disclose their HIV-positive status prior
Acquittal on Drug Charges due to Serious Charter Rights Violations
In a 2016 trial, a man successfully appealed his earlier conviction on drug charges as well as his ten-year sentence. In 2014, an Ontario court
Our Right to be informed of our Rights to Counsel in our own Language
The Canadian Charter of Rights and Freedoms, s.10 states that Everyone has the right on arrest or detention (a) to be informed promptly of the
Ontario Judge finds Accused’s Charter Rights were violated and dismisses ‘Over 80’ Charge
In a 2016 trial, R. v. Moore, a man was tried summarily on charges of impaired driving and ‘over 80’ (for operation of a motor
Victim-Fine Surcharge: Blood from a Stone
On October 21, Canada’s Minister of Justice, Jody Wilson-Raybould, announced that the federal government would be changing the victim-fine surcharge regime. This is long overdue
The Vader Case: A New Hope?
On Thursday, 100,000 viewers tuned in live to watch an Alberta trial judge deliver his verdict on the Travis Vader case. The trial judge announced