Burden of Proof

The presumption of innocence is the golden thread running through the Canadian Criminal Justice System. It is a fundamental principle of justice. As such, it is critical in any trial in which an accused person testifies that the analysis of the evidence follows an...

Lost Evidence

The Crown has an obligation to disclose all relevant information in its possession. Disclosure is an essential component of the right to full answer and defence and as a result has been recognized as a principle of fundamental justice under s. 7 of the Charter of...

Canadian’s views on sentencing

One of our recent blog posts addressed mandatory minimum sentences. Researching that post lead to the discovery of the National Justice Survey 2017: Issues in Canada’s Criminal Justice System. A review of the survey is certainly recommended but a few highlights are...

Mandatory Minimum Sentencing

A salacious headline caught my attention but the substance of the case ended up being much more noteworthy. In R. v. Koenig the Provincial Court found the mandatory minimum sentence for the offence of child luring unconstitutional resulting in the youthful accused...