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 […]
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Phases and Steps of a Criminal Jury Trial
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
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. […]
Marked Departure from Normal Conduct
The concept of a “marked departure from normal conduct” often arises when determining the threshold for certain offences, particularly those requiring proof of negligence, recklessness, or impairment. This term helps to establish when behaviour deviates significantly from what a reasonable person would consider safe or acceptable under similar circumstances. The […]
Understanding Parole and Probation Orders: A Guide for the Accused
Parole and probation play a crucial role in balancing the goals of rehabilitation, reintegration, and public safety. This page outlines the key elements of parole and probation orders, their implications, and how they may affect you if you are criminally accused. What is Parole? Parole is a form of conditional […]
The Death Penalty in Canada
The death penalty in Canada is a topic steeped in history, emotion, and legal evolution. While capital punishment has long been abolished, its legacy remains a subject of discussion and reflection. Understanding its historical context and ultimate abolition can provide insights into Canada’s legal principles and societal values. Historical Background […]
Record Suspensions
A criminal record can significantly impact your ability to access employment, housing, or international travel. For individuals who have demonstrated good conduct and wish to move forward, a record suspension provides a pathway to separate past convictions from their current lives. What is a Record Suspension? A record suspension (formerly […]
The Confrontation Rule: What You Need to Know
If you’re facing criminal charges, understanding the rules of evidence can be crucial to how your defence is shaped and presented in court. One important principle that comes into play during cross-examination is the Confrontation Rule, also known as the rule in Browne v. Dunn. Why the Confrontation Rule Matters […]
Taking a View: How Section 652 Supports Jury Understanding of Crime Scenes in Criminal Trials
If you’re facing criminal charges, it can be helpful to understand how evidence is presented to a jury. One unique aspect of the trial process is the possibility of a “view.” A view allows the jury to visit a location or view an object linked to the case to help […]