The reasonable expectation of privacy (REP) is a fundamental principle in Canadian criminal law, protecting individuals from unjustified state intrusion under Section 8 of the Charter of Rights and Freedoms. It ensures that police searches and seizures must be lawful and justified, balancing personal privacy against legitimate law enforcement needs. Think your privacy rights were violated during a search? Call […]

Under Section 24(2) of the Canadian Charter of Rights and Freedoms, courts have the power to exclude evidence that was collected through violations of your Charter rights—if its use in court would tarnish the justice system’s reputation. This isn’t about punishing officers. It’s about maintaining a justice system the public can trust. If your rights were breached and evidence was […]

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 […]

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 […]