In an interesting decision, the Court of Appeal for Ontario took the unusual step of overturning an acquittal by a jury on a charge of first degree murder. The decision in R. v. Abbey, 2009 ONCA 624, is noteworthy for the extended analysis by Mr. Justice David Doherty on the scope of expert evidence, in […]
The Scope of Expert Evidence Read More »
The old adage “innocent until proven guilty” could soon become a phrase of the past. In August, a Montreal Court was scheduled to handle the first criminal case involving the new reverse onus law. The Reverse Onus law is a recent amendment to the Canadian Criminal Code that went into effect May 2008. The law
New Reverse Onus Law Could Change the Face of the Canadian Criminal Law Read More »
The Globe & Mail is reporting today on a case of alleged corruption involving participants in the Ontario justice system. The case started out as an investigation into fraud at Bombardier Inc. and has since expanded to include a member of the Ontario Provincial Police and a Toronto Crown Prosecutor. Included among the charges against
Disturbing Allegations Read More »
It is not uncommon for an accused person convicted of a criminal offence to blame their lawyer for the outcome. While courts look upon such complaints with scepticism, the reality is that mistakes can happen and inadequate representation can cause a miscarriage of justice. The Court of Appeal for Ontario has recognized the importance of
Ineffective Assistance of Counsel Read More »
It is a fundamental aspect of our civil justice system that parties to a lawsuit are required to make available to their opponent any relevant document relating to the matters in issue in the action. It does not matter if the document helps or hurts the cause, it must be produced. Lawyers, and particularly insurance
Beware of Facebook Read More »
In the Canadian legal system, there are generally two elements required to prove a crime: the act (actus rea) and the mental state (mens rea). Generally, without proof of these two elements there can be no criminal conviction. However, what may at first seem like a simple equation of two parts, can actually become a
The Role of Mens Rea and Actus Rea in Criminal Law Read More »
The Ontario justice system lost a leading light on May 17, 2009, when David Humphrey passed away at the age of 83. Justice Humphrey was a leader of the criminal bar for over 35 years and was known for his extraordinary cross-examination skills, his humour and story telling ability. For years, he held court in
David Humphrey: A Legendary Canadian Lawyer Read More »
