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The rule in Browne v. Dunn, also known as the confrontation rule, is rooted in concerns about trial fairness. The rule states that where a party, in criminal cases usually the defence, is advancing a theory that contradicts the evidence of the witness being questioned...
What is Crown Disclosure? Crown disclosure is simply the records that are in the possession or control of the Crown Attorney which are relevant and constitute the product of the police investigation or which will likely form the case against the accused. Essentially...
Over the last 10 years, blood pattern analysis (BPA)’s foundation in physics and other fields of science has been called into question [1]. Current BPA reconstruction methods utilize straight trajectories in crime scene reconstruction, neglecting to account for the...
When you think of evidence police need to lay charges, you might imagine DNA samples, security video footage, fingerprints, and recorded phone messages. Many people assume witness statements alone are not enough for police to lay charges. That police need more that...
There are different types of evidence that are available in a criminal trials that can prove or disprove specific facts about the case. The evidence can help establish an issue or fact by the information they provide. For example an accused person's fingerprint at the...
Can you be convicted on hearsay evidence? What is hearsay? Hearsay is a term that refers to statements made outside of the court that cannot be admitted into evidence because they cannot be proven. There is, however, a hearsay exception rule which would allow a court...
No competent prosecutor will take a case to trial without some form of evidence. In the absence of evidence, a person cannot be convicted and should not be found guilty. This is because of the presumption of innocence that the Canadian Charter of Rights and Freedoms...
When most people think of criminal convictions, they think of criminal cases where there was a lot of direct evidence linking the defendant to the crime. However, in some cases, defendants can be convicted based on circumstantial evidence alone. This means that the...
As video doorbells become more popular, there is growing concern over how law enforcement will use the footage captured by these devices. Some people worry that police may be able to use video captured by Ring doorbell cameras as evidence in criminal investigations....
The quick answer to the question of whether or not police can search your cell phone without a warrant is no. However, as with most legal matters, the answer is more complicated than a one-word response would imply. In this blog post, we'll explore the various ways...
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Criminal harassment is a criminal offence under the Criminal Code of Canada. It is also sometimes referred to as "stalking." Criminal harassment involves engaging in repeated, unwanted behaviour toward someone that causes that person to fear for their safety or for someone they know. Given that...
Enter House Without Warrant In most cases police require a warrant to enter your house. However, police are allowed to enter your house without a warrant in certain situations, such as when they have reason to believe that there is an emergency inside. There are also other very limited...
When you're facing criminal charges, it's important to understand how the courts and prosecutors classify criminal offences. This article will help you understand the severity of criminal offenses and what potential penalties you may face. In Canada, crimes are classified into three categories:...