“Don’t believe your ears!” - R v Prasad Reaffirms the Role of Expert Opinion Evidence
In criminal trials, the courts have stressed that the trial process must be respected, and that the role of the trier of fact must never be usurped by another. However, there are often circumstances where, in order for a trier of fact to draw the desired inferences from the facts presented at trial, the court will allow a witness with specialized knowledge or expertise to provide opinion evidence to assist the trier of fact in their analysis.
R v. Cook: The Need to Prevent Evidence of Gang Affiliation to Ensure Trial Fairness
Based on a 2024 report from the Guns and Gangs Awareness Campaign, one in five Canadians report that they or someone close to them has been affected by gang-related violence. Given the threat of gang-related violence to the safety and well-being of Canadian society, it is understandable that most jurors – constituting Canadian citizens performing their civic duty – would want to know whether an accused is a gang member or not.
Leave the Bad Character Comments at the Door of the Courtroom
During a criminal trial in Canada, the Crown is prohibited from calling general bad character evidence in relation to the accused. The reasoning for this is that bad character evidence may lead jurors into inferring that the accused is guilty of the current offence simply because “they are the sort of person likely to commit the offence they are accused of". The strict prohibition on the Crown from admitting this type of evidence works to safeguard against potential wrongful
Rhymes and Reason: Navigating the Evidentiary Admissibility of Rap Lyrics in the Courtroom
Music is a form of creative and artistic expression that has existed since time immemorial. Creating music is a method that an individual may use to convey their emotions and express themselves in a manner that may not be possible through other mediums. Today, such freedom to express oneself is being challenged in an evidentiary context in our legal world.
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.
