If you’ve been charged with a criminal offence, one of the most important things to understand is your right to disclosure. Disclosure is the process by which the prosecution (referred to as “the Crown” in Canada) provides you with all the evidence they have gathered in relation to your case. Whether you’re representing yourself or have a lawyer, knowing what disclosure […]

An important issue that may arise in your case is the assessment of your fitness to stand trial or your criminal responsibility at the time the offence was committed. This post aims to describe these assessments, providing clear and comprehensive information to help you navigate this complex area of law. What Are Fitness and Criminal Responsibility Assessments? The court may […]

Self-defence is a fundamental right enshrined in Canadian law, allowing individuals to protect themselves and others in situations where they face imminent harm. However, the legal framework governing self-defence is complex, requiring a careful balance between protecting individual rights and maintaining public safety. The Legal Foundation of Self-Defence Self-defence laws in Canada are codified in Section 34 of the Criminal […]

One critical aspect of a trial is understanding objections, which are tools used by lawyers to ensure a fair trial. Objections prevent improper evidence or testimony from influencing the jury or judge. This guide will help you understand what objections are, why they matter, and how they might affect your case. What Are Objections? An objection is a formal protest […]

The concept of voluntariness ensures that any statements or confessions made to a person in authority are given freely and without coercion. Known as the “confessions rule,” this principle mandates that such statements must be proven voluntary to be admissible at trial. This determination is made through a voir dire, a separate hearing without a jury, and must be established […]

Introduction to Fine in Lieu of Forfeiture In the realm of criminal law, the concept of “Fine in Lieu of Forfeiture” plays a pivotal role in ensuring that crime does not pay.  This legal provision allows courts to impose a monetary fine on offenders when the property involved, deemed as “proceeds of crime,” is unavailable for forfeiture. Such scenarios could […]

Introduction to Marital Privilege Marital privilege, a legal protection rooted deeply in the principles of marital harmony, plays a crucial role in the judicial landscape of Canada. This principle is designed to prevent a spouse from being compelled to testify against their partner, thereby preserving the sanctity and confidentiality inherent in the marital bond. Evolution of the Law: From Spousal […]