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. […]
If you’re facing more than one criminal charge from the same incident, the Kienapple principle could play a crucial role in your defence. In Canadian criminal law, this rule stops the Crown from convicting you multiple times for what is essentially the same criminal act. Charged with overlapping offences? Call […]
If you’re facing more than one criminal charge from the same incident, the Kienapple principle could play a crucial role in your defence. In Canadian criminal law, this rule stops the Crown from convicting you multiple times for what is essentially the same criminal act. Charged with overlapping offences? 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 […]
When police investigate a suspected crime, how far can they go before violating your Charter rights? The Saskatchewan Court of Appeal’s decision in R v Singer, 2023 SKCA 34 clarifies the limits of police authority to enter private property—particularly in impaired driving cases. R. v. Singer addresses whether police can […]
Before December 18, 2018, individuals charged with impaired driving in Canada had access to a unique sentencing alternative known as the curative discharge. This legal tool allowed certain offenders struggling with addiction to receive treatment instead of a criminal conviction, provided that doing so aligned with the public interest. Though […]
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 […]
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 […]
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. […]