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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 […]
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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 […]
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Understanding your rights as a detainee is crucial for ensuring fair treatment and protecting your interests. By familiarizing yourself with the general principles, exceptions, and procedures surrounding the right to counsel, you can navigate detainee situations more confidently and effectively. Section 10(b) – Right to Counsel Section 10(b) of the Canadian Charter of Rights and Freedoms guarantees the right to […]
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Navigating the criminal justice system can be daunting, especially if you’re unfamiliar with the criminal process and the implications of being charged. This guide breaks down some of the essentials you need to know to understand the legal landscape and make informed decisions. Types of Criminal Offences Choosing the Court Pre-Trial Procedures Preliminary Hearings Before the trial, for more serious […]
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Confessions play a crucial role in criminal proceedings, influenced by long standing legal principles. Their admissibility hinges on whether they are voluntary and free from coercion. Historical Context Ibrahim v. R. [1914]: Established the foundational rule that confessions must be voluntary to be admissible, emphasizing protection against coercion by authority figures. Evolving Definitions As legal interpretations have developed, so have […]
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In the digital age, the proliferation of internet use has unfortunately led to an increase in crimes related to child pornography. Understanding the complexities and legal implications of these offences is crucial for both the public and individuals facing charges. In Canada, offences related to child pornography are outlined in Part V of the Criminal Code, dealing with “Sexual Offences, […]
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Navigating the complexities of a criminal trial in Canada involves understanding the pivotal role of expert witnesses. A crucial aspect of this process is the “Notice to Call Expert Evidence,” guided by s. 657.3 (1) of the Criminal Code, which mandates parties to give notice of their intention to call an expert witness at least 30 days before the trial […]
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Understanding the complexities of legal rights in criminal proceedings is essential for anyone engaged with the justice system. In this blog post, we’ll focus on two pivotal aspects of the Canadian Charter of Rights and Freedoms: Section 11(c) – Protection against testimonial compulsion, and Section 7 – Right Against Self-Incrimination. Overview of Section 11(c) – Protection against Testimonial Compulsion Section […]
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The charge of “Overcoming Resistance to Commission of Offence” is a critical component of Canadian criminal law, especially in cases involving aggravated forms of assault and sexual assault. What is “Overcoming Resistance to Commission of Offence”? Section 246 of the Criminal Code defines Overcoming Resistance to Commission of Offence as an attempt to choke, suffocate, or strangle another person, or […]
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