by Scott Wright | Jan 26, 2021 | Criminal Procedure, Motor Vehicle
I have had a few inquiries lately about the offence of impaired driving (sometimes referred to as a DUI) and they have all been related to how that offence is proven. The questions usually relate to whether the Crown needs to prove that the driver was drunk. The...
by Scott Wright | Jan 7, 2021 | Criminal Procedure
A frequent question we get is, “how much money am I going to need for bail?” Thankfully, the answer to that question is usually none. Unlike the United States, cash bail will only come up in a small percentage of cases – usually serious charges. The Supreme Court of...
by Scott Wright | Dec 15, 2020 | Criminal Procedure
In the second part of our look at the trial judge’s charge to the jury we will discuss the substance of the charge. Specifically, how are decisions made about what defences or possible verdicts are explained to the jury. All defences that have an “air of reality” are...
by Scott Wright | Nov 27, 2020 | Criminal Procedure
Our journey through jury trials takes us back to the end. Once all the evidence has been lead the trial judge will give their final charge to the jury. The purpose of a jury charge is to educate the decision-maker so that it will make an informed decision. It is...
by Scott Wright | Nov 10, 2020 | Criminal Procedure
In a jury trial the trial judge will provide instructions to the jury to assist them in performing their task. This will include general instructions at the beginning of the trial and a more thorough “charge” at the end of the case before they begin their...
