Archive for 'Articles'

How circumstantial evidence is treated by the courts

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Circumstantial evidence is used regularly in the prosecution of criminal cases.  How it is viewed by the courts has changed over time.  How is it to be treated in the context of a criminal prosecution now?  Read the article here.

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Fraud, forfeitures, and fines

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Upon conviction for ‘fraud over $5000’ (a designated offence, as defined in the Criminal Code of Canada), the Criminal Code of Canada provides for the forfeiture of the proceeds of crime. The Criminal Code also allows for a fine instead of an order of forfeiture. This would occur where a court is satisfied that a forfeiture order should be made but the proceeds of crime cannot be made subject to such an order.

Where a fine is ordered under Part Xii.2 ...

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‘Over 80’ and the ‘Presumption Back’

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In most ‘over 80’ cases, the Crown relies upon something called the ‘presumption back’ or the ‘presumption of identity’ to gain a conviction.

What typically happens in an ‘over 80’ case? The accused person is pulled over while driving, taken to the police station and breath tested some time well after the driving. What do those breath tests then reveal? What they reveal is the blood-alcohol concentration of the subject at the time the test was administered. Of course, what the ...

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What difference should the gender of the accused make in a domestic assault case?

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Female spousal abusers should be given the same punishment as a male committing the same crime… Read the rest here.

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Getting pulled over by the RIDE program

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Now that the holiday season is upon us, there is lots of holiday celebrating going on and that usually means a little (or a lot) more drinking. But with the holiday season comes the annual RIDE (which stands for Reduce Impaired Driving Everywhere) program. As everyone knows by now (or ought to know by now), the RIDE program is a random roadside spot check program set up by the police to check drivers for sobriety.

Most people either don’t think about ...

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The proliferation defence in a child porn case

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In a child pornography case, the term proliferation refers to the percentage of alleged child pornography images in comparison to legal adult pornography. There is a commonly held belief that those with an interest in child pornography prefer to build a large collection of such materials. It is believed that they often collect it, organize it, categorize it and take steps to safeguard it. If that is true, then what can be assumed in a case where a relatively small ...

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What is deceit in the context of fraud?

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The components of the offence of fraud are deceit and deprivation.  How is deceit defined?  Read the story here.

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Is the criminal justice system’s response to domestic violence working?

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October is Domestic Violence Awareness month. It is hard to imagine that anyone would argue against increasing society’s awareness of domestic violence and taking steps to prevent it and help those who are a victim of it. Over the years, the perception of domestic violence has changed. Where it once used to be considered a private matter between a husband and wife (or a couple) not openly talked about, it is now widely considered to be a societal concern. Where ...

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Fake guns can have real consequences

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Recent events such as a police crackdown on look-a-like rifles could ultimately lead to further laws to regulate replicas:  read the full story here.

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The use of videotaped evidence in criminal cases

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It goes without saying that a criminal lawyer should review all the disclosure or evidence in a case against his or her client.  This especially applies to videotaped evidence.  Often times, for instance, there will be videotaped evidence in a drinking and driving case.  Typically, this is created when the police arrest the accused person and take him back to the police station.  At the station, the cameras are rolling and the defence is entitled to a copy of what ...

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