When preparing a client for a criminal trial I always stress that the burden of proof lies with the Crown attorney. To win a conviction, the Crown must prove beyond a reasonable doubt that the accused has committed a crime.
After an accused is convicted, the judge’s next task is to arrive at an appropriate sentence. This is a complex process since the circumstances surrounding offences are never the same and there are many factors the court must take into consideration.
The testimony of the complainant and the accused was once the key evidence in many sexual assault cases, with the court left to decide who was telling the truth.
Social media has transformed the way people communicate with each other. Young people in particular rely on text messages or platforms such as Snapchat to communicate because it is so easy.
When deciding on a sentence following a conviction, the judge must consider s.718 of the Criminal Code.
A home invasion in Halifax late last year provides a good example of what is permissible under Canada’s self-defence laws.
When it comes to legal issues surrounding sex work in Canada, there are no easy answers.
The Supreme Court of Canada (SCC) should be commended for its decision to strike down a law that automatically added those accused of designated sexual offences to the national sex registry.
In early November I was disappointed to learn the Supreme Court of Canada (SCC) restored provisions in the Criminal Code in R. v Sharma, stating that conditional sentences cannot be given for crimes that carry maximum sentences of at least 14 years in prison, or 10 years in drug-related cases.
