Upon appeal, the Ontario Court of Appeal instead ordered a new trial on the basis that the trial judge did not consider evidence of the complainant’s suggestibility (among other secondary issues).
It is not uncommon for Canada Border Services Agency to search electronic devices when travelling across the border. The law aside, the practice is an extreme violation of one’s right to privacy.
Oftentimes the police attempt to have accused persons incriminate themselves by giving them statements, which may be considered as confessions.
If you or someone you know has been arrested and has been held for more than 24 hours without being brought before the Court for a bail hearing, then it may be that the charges could be dropped.
The accuseds took issue with the selection of their jury. As their case was highly publicized and the accuseds were Muslim (a visible minority) questions were necessary to be put to potential jurors to determine if there is any issue with partiality or bias.
The Supreme Court of Canada unanimously determined that the legislative changes to the Criminal Code in relation to peremptory jury challenges was constitutional and would be given retrospective application to all cases tried on or after September 19, 2019.
The Alberta Court of Appeal began an overhaul of the W.(D.) analysis in Ryon to which Achuil followed and revised the second prong and to which SMC then confirmed the overall framework to now use.
The Court of Appeal of Alberta upheld as constitutional the four-year mandatory minimum sentence of imprisonment pursuant to section 244.2(3)(B) of the Criminal Code of Canada (‘Criminal Code’) for recklessly discharging a firearm.
On June 18, 2020, the Supreme Court of Canada rendered its decision in the case of R. v. Zora. The appellant, Chaycen Michael Mr. Zora had been convicted at trial of two out of four breaches relating to his bail conditions.