The Criminal Record of the Accused and the Mind of the Reasonable Juror
Having a criminal record is inherently prejudicial to any Canadian. A criminal record impacts a person’s ability to obtain certain types of employment, affects their ability to interact with certain members of society, and carries with it a stigma that follows most individuals for the rest of their lives. In considering the burden a criminal record places on an individual’s daily life, it is important to consider the impact it could have on a person’s liberty.
No More Missed Chances: It is Time for the SCC to Clarify Prior Sexual Activity Evidence
In every sexual offence trial, the Court must balance two competing principles: protecting the complainant’s dignity and upholding the accused’s presumption of innocence. This tension is often most acutely felt when deciding which evidence to admit. Five years ago, in R v Barton, the Supreme Court of Canada (SCC) stated: “We live in a time where…sexual violence [is] tragically common...Without a doubt, [this] is one of the more pressing challenges we face as a society.
A Caution-ary Tale: R v Tessier and the Impact of the Absence of Police Cautions on the Admissibility of Statements Under the Confessions Rule
The admissibility of statements made to police has been widely debated in the legal community. Due to previous police misconduct during interrogations, the Supreme Court of Canada (“SCC”) developed a common law rule to determine the admissibility of these statements to persons of authority, such as the police, called the “confessions rule.”However, what happens when police do not caution a suspect before questioning and the Crown subsequently seeks to admit statements made?
Leave the Bad Character Comments at the Door of the Courtroom
During a criminal trial in Canada, the Crown is strictly prohibited from calling general bad character evidence in relation to the accused.But what happens when bad character evidence is called by an individual testifying? What are the possible consequences for an accused? This blog post will examine the case of R v. Blake, a case in which the complainant’s testimony contained bad character evidence, and discuss how the court grants remedies in similar types of cases.
Texts on Trial: The Reliability of Digital Evidence in R v Aslami
With over 23 billion text messages sent globally each day—270,000 messages per second—and 2.52 billion people using messaging apps, digital communication has not only transformed how people connect but also how evidence is gathered in courtrooms.In R v Aslami, the Ontario Court of Appeal tackled the intricate issues surrounding text messages as evidence, highlighting the risks of relying on electronic communications to establish guilt or innocence.
