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The terms sexual assault, sexual abuse and sexual harassment are often used interchangeably when referring to any type of sexual violence or sexual misconduct. From a legal standpoint, they are all very different. Not all terms are defined by the Criminal Code of Canada. In this post, we’ll examine the legal definition of what constitutes sexual abuse, sexual harassment and sexual assault and […]

The Probative vs Prejudicial nature of any piece of evidence is an issue that arises in almost every criminal trial in Ontario. For a trier-of-fact (either a Judge or members of a Jury) to consider any piece of evidence it must be material and relevant or it is inadmissible. Evidence allows for facts to be

Ontario criminal trials are back in session. The Ontario Court of Justice resumed criminal case management matters as of November 30th. Due to COVID-19, cases were adjourned from March 16th to August 7th, and then again from August 24th to November 27th. All accused persons must attend any scheduled appearances dated on or after November

We have all wondered how Dr. Seuss’ the Grinch stole Christmas, but has anyone considered the criminal offences he would have been convicted of along the way? In his attempt to steal Christmas, because he hates Christmas so much, the Grinch committed a litany of criminal offences. In this article we look at some of

What is the statute of limitations on criminal charges? How long do police have to lay criminal charges? Of all the concerns people have after committing an offence, waiting for the police to show up is likely near the top of the list. And for good reason – no one wants to spend more time than

Guilty Beyond a Reasonable Doubt (BRD) is the standard for convictions in a criminal trial. A court cannot find that the defendant is guilty of a crime unless the evidence satisfies this standard of proof. But what exactly constitutes Beyond a Reasonable Doubt? WHAT IS THE BEYOND A REASONABLE DOUBT? Reasonable doubt occurs where the guilt of

People often wonder what the phrase “reasonable expectation of privacy” means in terms of the law. In general, this term is used to describe how much privacy an individual can expect in a certain situation. For example, if you are at home and someone steps onto your property without your permission, you would likely expect

AFFIDAVIT DEFINITION An affidavit is a written statement that is voluntarily signed to swear that the information in the statement is true. In a trial, an affidavit can help to legitimize a written statement of someone who can not attend and be sworn in for in-person testimony. Some common applications of affidavits include: Verification. Such

No competent prosecutor will take a case to trial without some form of evidence. In the absence of evidence, a person cannot be convicted and should not be found guilty. This is because of the presumption of innocence that the Canadian Charter of Rights and Freedoms provides. The presumption of innocence, section 11(d), states that any person charged