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...

Sniffer-dogs, Arrest and Charter breaches

Police officers must have reasonable grounds to believe that someone has committed or is about to commit an indictable offence before arresting them. The Supreme Court of Canada has rightly made clear that, “[w]ithout such an important protection, even the most...

Tainted Evidence

Courts face a difficult task in finding facts at trial. Judges must determine who’s evidence they believe. Judges are able to accept some, none or all of a witnesses’ evidence. The question of which evidence to accept can only be answered by a proper analysis of the...