Summary, Indictable and Hybrid Offences For anyone facing criminal charges, there are a lot of legal terms that get used to define the charges and potential penalties and even how the charges may be decided. In Canada, the Criminal Code defines all offences as either...
For many members of the public, the legal system may seem monolithic. Popular culture doesn’t always do a good job of distinguishing between the different kinds of law. We generally understand that there are judges, lawyers, and juries – and for many, that’s as...
The question that a preliminary inquiry judge is to ask under section 548(1) of the Criminal Code in making an order to stand trial or to discharge is “whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of...
The Probative vs Prejudicial nature of any piece of evidence is an issue that arises in almost every criminal trial in Ontario. For a trier-of-fact (either a Judge or members of a Jury) to consider any piece of evidence it must be material and relevant or it is...
Ontario criminal trials are back in session. The Ontario Court of Justice resumed criminal case management matters as of November 30th. Due to COVID-19, cases were adjourned from March 16th to August 7th, and then again from August 24th to November 27th. All accused...
Proof beyond a reasonable doubt (RBD) is the standard for convictions in a criminal trial. A court cannot find a person guilty unless the evidence satisfies this standard. But what exactly constitutes beyond a reasonable doubt? Reasonable Doubt Definition Reasonable...
