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Formal Admissions

While preparing for a criminal trial, the accused individual and his or her criminal defence lawyer will receive a statement of the prosecution’s case against the accused. Before the trial begins and during the course of the trial, the defendant and his or her defence lawyer may choose to formally admit that some of the facts alleged by the prosecution are true. The decision to make a formal admission is completely at the discretion of the accused person acting on the advice of his or her criminal defence lawyer. Unlike in a civil trial, there is absolutely no obligation to admit anything in a criminal trial. According to s. 655 of the Criminal Code of Canada “where an accused is on trial for an indictable offence, he or his counsel may admit any fact alleged against him for the purpose of dispensing with proof thereof”. Though the section refers to…

5 Apr 2018

What is Hearsay Evidence?

3 Apr 2018

The rules of evidence dictate what evidence is admissible at a criminal trial. For example, evidence may be deemed inadmissible because it is unreliable, potentially contaminated or has the potential…

Police Torture Tactics

29 Mar 2018

Toronto Police torture tactics drew attention when in 2009 the Ontario Court of Appeal marked a critical judgment on “tortuous” police conduct on two suspects to obtain evidence. In the…

What are the Different Types of Search...

27 Mar 2018

Canadian criminal law is concerned with balancing society’s interest in preventing and punishing harm with preserving respect for the liberty and privacy rights of individuals. This tension is particularly relevant…

Section 12 of The Charter of Rights and...

22 Mar 2018

Section 12 of the Canadian Charter of Rights and Freedoms guarantees every individual “a right not to be subjected to any cruel and unusual treatment or punishment”. Though s. 12…

Firearm Offences in Canada

20 Mar 2018

Part III of the Criminal Code of Canada sets out firearm offences. These offences are further split into categories including the use, possession, trafficking, assembling, exporting/importing, and offences relating to…

Possession of Prohibited Weapons- Pepper...

16 Mar 2018

  Criminal defence lawyers often encounter questions about the legality of weapons other than firearms, such as pepper spray, nunchuks, and knives. Part III of the Criminal Code deals with…