Applying Gladue Principles to Corbett Applications in R v King: A New Safeguard for Indigenous Accused Persons?
In R v Hart, Cromwell JA stated that the cross-examination process is a “cornerstone of the adversarial trial process… [and that] it is an important vehicle for the discovery of truth. The decision by the Ontario Court of Appeal (ONCA) in R v King adds an additional layer of protection for accused persons of Indigenous ancestry. The newfound precedential impact of R v King, as it relates to the Corbett applications of Indigenous accused persons, is ultimately the subject of i
Admissibility of Tinder Dating Application Messages: Evidence in Sexual Assault Trials
Generally, written evidence of a complainant’s sexual activity is presumed inadmissible, as it runs afoul of the Criminal Code s. 276. Such evidence can be admitted, but it requires the judge to carefully consider several factors prior to admission. Popularity of dating applications like Tinder, it is becoming increasingly difficult to differentiate between communications referencing a complainant’s prior sexual activity and communications that are part of the sexual activity
Confession by Design: Mr. Big Operations and the Exploitation of Vulnerability
Confessions carry significant weight in this system. They are intuitively persuasive and often treated by triers of fact as powerful admissions of guilt, even where contextual or coercive factors may be present. Given the natural inclination toward guilty verdicts in the face of such admissions, judicial actors have paid considerable attention to developing safeguards to regulate how confessions are obtained. These protections, Mr. Big Operations (MBO) skillfully evade any sa
The Scope of Confidential Informer Privilege: When Does Informer Privilege Protect Information?
Privileges in Canadian law are aimed at preventing the disclosure of certain information during trials and hearings that could affect their outcome. Confidential informer privilege is a type of privilege that, as outlined in R v Basi, “prohibits disclosure of the identity of confidential informants.”[i] Cases like Basi expanded on the common law principles of informer privilege. Informer privilege is possibly the most protected privilege in Canadian law that is subject to a s
The Duty to Inform and its Impact on Fairness: R v Tessier and R v Tayo Tompouba
Judges and police officers are held to a higher standard, expected to uphold fairness and apply discretion with integrity. Yet, when they fail to inform individuals of their rights, the fairness of the entire judicial process is called into question.
This tension lies at the core of R v Tessier (2022 SCC 35) and R v Tayo Tompouba (2024 SCC 16).
