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Being found guilty by a jury is a significant turning point in a criminal case—but it doesn’t end there. The next step is sentencing, and it raises an important question: how does the judge decide which facts to rely on when imposing a sentence? This stage involves a legal concept known as “determined facts […]

For anyone involved in the Canadian justice system, understanding the structure of a criminal jury trial is essential. This post explains each phase of the process, helping individuals prepare for what to expect at every stage. 1. Before the Trial Begins The process begins when a jury summons is issued. This official document is

Statutory publication bans are court orders that prevent the disclosure, broadcasting, or dissemination of specific details that could reveal the identity of certain individuals in criminal proceedings.  These bans serve to uphold the privacy and security of victims, witnesses, and those participating in the justice system while also ensuring that trials remain fair and

The notion of a “marked departure from normal conduct” plays a critical role in evaluating thresholds for offences that hinge on negligence, recklessness, or impairment. This concept is pivotal in identifying when actions stray substantially from what a reasonable individual would deem safe or appropriate in comparable circumstances. Application of Marked Departure in Criminal

If you’ve been charged with a criminal offence in Canada, it’s essential to understand parole and probation orders. These tools are designed to rehabilitate offenders while safeguarding public safety. The page breaks down the essentials of parole and probation to help you navigate the legal system effectively. Parole: A Pathway to Conditional Release Parole

Capital punishment in Canada, while abolished for decades, remains an important chapter in the country’s legal history. Its eventual elimination reflected a societal shift toward justice rooted in fairness and human rights. Early Days of the Death Penalty In pre-Confederation Canada, executions were commonplace. Crimes ranging from theft to murder could result in hanging,

Having a criminal record can create significant obstacles in many areas of life, including employment, housing, and travel. For individuals who have completed their sentences and demonstrated positive behaviour, a record suspension offers an opportunity to set aside previous convictions and move forward. What Is a Record Suspension? A record suspension, previously called a

Facing a criminal charge can be overwhelming, and knowing your legal rights is essential. One important rule that may apply to your case is the Confrontation Rule, also known as the rule in Browne v. Dunn.  What Is the Confrontation Rule? The “Confrontation Rule”, rooted in Browne v. Dunn (1893), is a longstanding principle

If you’re facing criminal charges and you honestly believe you weren’t at the scene when the crime took place, you might consider the alibi defence. An alibi, in legal terms, is evidence showing that you were somewhere else when the crime occurred, making it impossible for you to be involved. What Constitutes an Alibi?