Tag: criminal offence
Tag: criminal offence
CRIMINAL PROCEEDINGS: Pre-Trial Applications
A lawyer becomes a “solicitor of record” after she or he has undertaken to act for a client and has appeared in court to get the...
SUBPOENAS: Compelling Witnesses to Testify!
The territorial effectiveness of all subpoenas, excepting those issued by a justice, is throughout Canada. The latter is valid only in the province in which it...
RIGHT TO REMAIN SILENT:”…whatever you say may be given in evidence against you at your trial…”
In Criminal Charges, Charter Jurisdiction is a very important point to keep in mind during preliminary inquiries, because a justice conducting a preliminary hearing is not...
PRELIMINARY INQUIRIES IN A CRIMINAL CHARGE CAN MAKE OR BREAK YOUR ACQUITTAL
Procedural rules for preliminary inquiries are given in Part 18 of the Criminal Code (Code). In order to protect an accused from being subjected to a public trial...
THE REQUIREMENT FOR THE ACCUSED TO FIGHT FOR FULL DISCLOSURE
A time is reached in the course of disclosure when the onus is on the accused to settle the “likely relevance” of information withheld by the Crown in...
DISCLOSURE VS. PRIVILEGED INFORMATION IN CRIMINAL INVESTIGATIONS
The Crown counsel (prosecutor) has limited discretion to withhold disclosure where disclosure would reveal information protected by privilege. Such exceptions are solicitor-client privilege, police informer privilege, and the privilege...
OBTAINING DISCLOSURE WHEN CHARGED WITH A CRIMINAL OFFENCE
A constitutional right to disclosure is part of one's right to provide a full answer and defence, guaranteed by section 7 of the Canadian Charter of...
