If you’ve been convicted at trial by a jury, you might be wondering: what happens next? Specifically, how does the judge decide which facts matter when determining your sentence?This is where the concept of “determined facts after a jury trial” comes into play. It’s a crucial—but often misunderstood—part of the sentencing process in Canadian criminal law.What Does the Law Say?Under […]

Understanding the criminal jury trial process is crucial for anyone involved in the Canadian justice system. This guide outlines the key phases and steps, providing clarity on what to expect during each stage. 1. Pre-Trial Phase The first step in the jury trial process begins with the jury summons, which is a legal document sent by mail to randomly selected […]

Statutory publication bans are court orders that restrict the publication, broadcasting, or transmission of information that could identify specific individuals involved in criminal proceedings. These bans are designed to protect the privacy and safety of victims, witnesses, and justice system participants, while also ensuring fair trials by preventing prejudicial publicity. Understanding how publication bans work, their legal basis, and their […]

The concept of a “marked departure from normal conduct” often arises when determining the threshold for certain offences, particularly those requiring proof of negligence, recklessness, or impairment. This term helps to establish when behaviour deviates significantly from what a reasonable person would consider safe or acceptable under similar circumstances. The Role of Marked Departure in Criminal Offences The standard of […]

Parole and probation play a crucial role in balancing the goals of rehabilitation, reintegration, and public safety. This page outlines the key elements of parole and probation orders, their implications, and how they may affect you if you are criminally accused. What is Parole? Parole is a form of conditional release that allows an offender to serve part of their […]

The death penalty in Canada is a topic steeped in history, emotion, and legal evolution. While capital punishment has long been abolished, its legacy remains a subject of discussion and reflection. Understanding its historical context and ultimate abolition can provide insights into Canada’s legal principles and societal values. Historical Background In Canada’s early history, capital punishment was a common practice. […]

A criminal record can significantly impact your ability to access employment, housing, or international travel. For individuals who have demonstrated good conduct and wish to move forward, a record suspension provides a pathway to separate past convictions from their current lives. What is a Record Suspension? A record suspension (formerly known as a pardon) is a legal mechanism under the […]

If you’re facing criminal charges, understanding the rules of evidence can be crucial to how your defence is shaped and presented in court. One important principle that comes into play during cross-examination is the Confrontation Rule, also known as the rule in Browne v. Dunn.  Why the Confrontation Rule Matters in Criminal Defence At its core, the “Confrontation Rule” is […]