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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 ContextIbrahim v. R. [1914]: Established the foundational rule that confessions must be voluntary to be admissible, emphasizing protection against coercion by authority figures.Evolving DefinitionsAs legal interpretations have developed, so have the definitions of key […]
Read MoreIn 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, […]
Read MoreNavigating 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 […]
Read MoreUnderstanding 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 […]
Read MoreThe 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 […]
Read MoreWhen facing criminal charges, it’s crucial to understand your rights and particularly the right against being compelled to testify against yourself. This right is enshrined in Section 11(c) of the Canadian Charter of Rights and Freedoms and plays a pivotal role in the criminal justice process. A related, but separate right, is the right to remain silent protected by Section […]
Read MoreIn a recent landmark case, we see the complex interplay between police investigation techniques and the rights of individuals under Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable search and seizure. This case, centred around the actions of John Rogers and the subsequent police response, offers crucial insights for those accused of criminal offences. […]
Read MoreBy: Krista Sharpe According to SGI, in 2014 there were 50 fatal collisions involving alcohol. There are almost 100 non-fatal collisions per month linked to impaired driving, and that math equals almost four per day. Nicholas Robinson is a criminal defense lawyer based in Regina. At any given time, he manages up to 100 DUI related cases at once. “Marco […]
Read MoreChild Pornography Engaging in activities such as creating, distributing, possessing, accessing, or trading child pornography can result in a conviction for related criminal activities. Have you been charged with child pornography? Call (306) 994-9522 for a free consultation with a criminal lawyer. Child Pornography Penalties Convictions for child pornography offences carry varying maximum penalties, with the severest carrying a term […]
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