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Sexual assault laws are changing in Canada. Political movements like #MeToo and several high-profile cases involving sexual related activity in Canada have shed light on sexual assault laws and how these crimes are reported and charged. This post will highlight some of the recent changes to the sexual related assaults and aggravated sexual assault sections of the […]

For many members of the public, the legal system may seem monolithic. Popular culture doesn’t always do a good job of distinguishing between the different kinds of law. We generally understand that there are judges, lawyers, and juries – and for many, that’s as far as it goes. However, there is a significant difference between criminal law

I. CRIMINAL CODE OF CANADA, SECTION 218 — ABANDONING CHILD: s. 218 of the code makes it an offence for one to (a) unlawfully abandon or expose a child under the age of ten, where (b) its life is or is likely to be endangered or its health is or is likely to be permanently injured

The question that a preliminary inquiry judge is to ask under section 548(1) of the Criminal Code in making an order to stand trial or to discharge is “whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty”[1]. A decision by a preliminary inquiry judge to

Over the last 10 years, blood pattern analysis (BPA)’s foundation in physics and other fields of science has been called into question [1]. Current BPA reconstruction methods utilize straight trajectories in crime scene reconstruction, neglecting to account for the effects of gravity and drag which results in the actual trajectory being curved rather than straight[2]. Further,

A Vetrovec warning is a warning provided to a jury about “relying on the informer’s unsupported testimony”[1]. These “clear and sharp warning[s]”[2] are given to the jury to alert them to the risk of relying on the evidence of an “unreliable witness”[3]. Whether to issue a Vetrovec warning and its contents are often decided by the trial judge, but in

1. SECTION 145(4) — FAILURE TO COMPLY WITH UNDERTAKING Failing to comply with bail conditions is made an offence by s. 145(4) of the Criminal Code, which states that: “Every person is guilty of an indictable offence or criminal charge and liable for imprisonment for a term of not more than two years or an

From lawyers to politicians, we expect a certain level of trustworthiness and service out of those that we trust with governance and law. The hope is that members of the legal and governmental institutions will use their powers for the benefit of society. However, there will always be the temptation to use influence for personal

When an individual faces criminal charges, the court may decide to release them on certain conditions meant to help prevent the repetition of criminal behaviour. These could include bail conditions before the trial, probation conditions or release on a peace bond. If these specified conditions are broken, it is considered a serious crime, and new