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What to Expect Before, During, and after Your Criminal Trial

October 16, 2024
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Gavel resting on a table

Facing a criminal trial can be one of the most overwhelming experiences in a person’s life. Whether you’re navigating the legal system for the first time or have faced charges before, understanding what lies ahead and how to prepare can make a significant difference in your case.Understanding the Criminal Trial ProcessThe criminal trial process can be complex, with multiple stages […]

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What is Disclosure in Criminal Cases? A Guide for the Accused

October 11, 2024
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What is disclosure in criminal cases?

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 […]

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Understanding Assessments for Fitness and Criminal Responsibility

September 20, 2024
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Criminal responsibility test

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 […]

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Understanding Self-Defence Laws in Canada

August 28, 2024
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Self-defence laws in Canada. Credit to Annushka Ahuja

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 […]

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Understanding Objections: A Guide for the Criminally Accused

August 23, 2024
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Objections in criminal law. Credit to Tima Miroshnichenko

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 […]

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The Role of Voluntariness in Criminal Confessions

July 30, 2024
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Voluntariness in criminal confessions

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 […]

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Fine in Lieu of Forfeiture: A Comprehensive Guide

July 17, 2024
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Bills, fine in lie of forfeiture. Credit to Anna Tarazevich

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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Understanding Marital Privilege in Criminal Law

July 10, 2024
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Wedding ring, marital privilege. Credit to Heiner

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 Right to Additional Opportunities to Consult with Counsel

June 5, 2024
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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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