Blog

Voluntariness is a crucial legal safeguard that ensures any statements or confessions given to someone in a position of authority are made freely and without any coercion. This standard is central to the “confessions rule”, which requires that such statements are demonstrated as voluntary to be considered valid in court. This is typically determined […]

Introduction to Fine in Lieu of Forfeiture In criminal law, the concept of “Fine in Lieu of Forfeiture” is crucial for ensuring that crime is not profitable. This legal provision enables courts to impose monetary fines on offenders when the associated property, recognized as “proceeds of crime,” is unavailable for forfeiture. Such situations arise

Introduction to Marital Privilege Marital privilege stands as a fundamental legal safeguard within the Canadian judicial system, rooted in the principle of marital harmony. This doctrine is critical in ensuring that spouses are not forced to testify against each other, thus maintaining the confidentiality and sanctity of the marital bond. Historical Evolution of Marital

Understanding the workings of the criminal justice system can seem overwhelming, particularly if you’re new to the complexities involved in how criminal charges are categorized in Canada. This guide simplifies the key elements you need to grasp the legal framework and make well-informed decisions. Classification of Criminal Offences Court Selection Process Procedures Before Trial

Confessions are a cornerstone of criminal law, pivotal for their potential to decisively influence the outcome of trials. Their use in court, however, is contingent upon their voluntary nature, devoid of any coercion. Historical Foundations The pivotal 1914 case, Ibrahim v. R., laid down the essential principle that only voluntary confessions are admissible in

Source: ‘Untrue, contrived, and unworthy of belief’: Police failed to verify ‘fabricated’ sex assault claim against GTA teacher’s aide, judge rulesDate Published: January 28, 2024Author: Wendy Gillis A Toronto area teacher’s aide aide has been acquitted of sexual assault, 16 months after she was falsely accused by an elementary school student who had a

Getting a grasp on the intricacies of legal rights during criminal proceedings is crucial for anyone navigating the justice system. This article will delve into two critical elements of the  Canadian Charter of Rights and Freedoms: Section 11(c) – Protection against testimonial compulsion, and Section 7 – Right Against Self-Incrimination.  Exploring Section 11(c) –