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International Law

Criminal Review

CriminalReview.ca is an open forum for the public discussion of recent announcements and developments in the criminal law of Canada.

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Last Entry: April 24, 2013 at 12:30:57

Most Reputable Divorce Lawyers in Michigan

Posted on April 24, 2013
I am going to need to hire a lawyer at some point in the near future in order to help me through a divorce from my wife. I really wish that things did not come to this, and that we could have worked things out. However, it seems like every time I try to make

The Beretta Nano Pistol – Excellent CCW Gun

Posted on March 21, 2013
The Beretta Nano is a subcompact pistol developed by one of the world?s oldest and most revered arms makers. This pistol draws on old word craftsmanship, while incorporating the most modern of design features and manufacturing technologies. The Nano is a polymer-framed, striker-fired handgun...

Aggression and Criminal Behavior

Posted on December 19, 2012
What causes a person to become a criminal? What exactly happens in the mind of a person about to commit a crime? How did this person processed these thoughts?the planning of the crime, the execution of the crime, the consequences of the crime. How did he come about with it? One thing is certain in the commission of the crime?there was aggression...

Explaining the Edges of Embezzlement

Posted on December 19, 2012
It is easy to identify manslaughter or drug trafficking, but it is hard to identify embezzlement. Embezzlement is a crime that involves the unlawful conversion of property by someone who has been entrusted with it. The offender generally has some type of relationship to the victim, such as an employee, a fiduciary, a bank or a government official...

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How to Choose the Right Lawyer

Posted on December 19, 2012
Legal service is not like any other product. This is mainly because getting a wrong lawyer could spell the difference between prison time and freedom?your limb, your property, your family and your future. Getting a lawyer is easy, but getting a good lawyer is a lot tougher...

Arson: The Fiery Crime

Posted on December 19, 2012
What exactly is arson? What difference does it have from any other fire? Arson is defined as the wilful act of setting something on fire, usually a home or another type of structure. Arson is committed for a number of reasons and the crime is severely punished all over the world because it puts lives and property at risk...

In a Nutshell: Criminal Law

Posted on December 19, 2012
How do you think a country would fair if there are no laws? If there are no laws, criminals would prevail. Society will be in peril and people will live in fear. Criminals would rule the street and without these laws to follow and guide society, we will all be in danger...

R. v. Garon

Posted on January 08, 2009
How far does a trial judge have to go in reviewing the evidence for a jury? Is this enough? The Crown?s position is that she did not consent to having a beer bottle thrust up her vagina. The Defence?s position is that, after considering all of the evidence you should have a reasonable doubt on that issue...

Impaired driving spikes up in GTA

Posted on January 06, 2009
Apparently ’twas the season to get stupid. Police forces in Toronto and across the GTA say they’re struggling to find an explanation for a spike in impaired driving charges. Over the holiday season drunk driving charges shot up in Toronto by 33 per cent over the previous year while in Peel Region the number was up 47 [...

‘Tis the season

Posted on December 15, 2008
As you may have noticed, it’s been a bit quiet around these parts this month. I’ve had a lot of other stuff on my plate. A state of affairs that’s going to continue through the holidays. So it’s time to announce another mini-hiatus...

On this day

Posted on December 11, 2008
Today CBC’s “On This Day” feature highlights December 11, 1962, which was when Canada’s last executions were held. Both Ronald Turpin and Arthur Lucas (convicted on unrelated murder charges) were hanged in the Don Jail. A lot of people think two members of the Boyd Gang were this country’s last executions, but that’s off by [...

R. v. Tomasevich

Posted on December 09, 2008
A discussion of when an accused has to be informed of his s. 10(b) right to retain and instruct counsel when being searched incident to detention. Guidance was taken from the Ontario Court of Appeal’s decision in Suberu (comment: wherein I presciently said: “Get used to ‘brief interlude...

R. v. Palmer

Posted on December 02, 2008
A decision handed down just prior to Mahalingan (comment) on issue estoppel that highlights one of the practical problems courts will face. The accused had been charged with possession, which also led to him being in breach of his conditional sentence...

And now this

Posted on December 01, 2008
If it’s not tasers, it’s pepper spray. An investigation is underway following the death of a 43-year-old man who was pepper-sprayed by RCMP in The Pas, Man. The man died Saturday afternoon, a day after officers had removed him from his ex-wife’s home in The Pas, about 600 kilometres northwest of Winnipeg...

R. v. Batista

Posted on November 28, 2008
A bizarre ruling from the Ontario Court of Appeal dealing with a case involving supposed death threats.

R. v. May

Posted on November 16, 2008
Since it has been a subject of some interest in the discussion threads, here’s a recent case (pdf file) from the Provincial Court of Alberta dismissing a charge of refusing to blow because the officer in question did not have sufficient objective grounds for believing the accused to be impaired...

R. v. Mahalingan

Posted on November 14, 2008
Issue estoppel is a doctrine with a confused history in Canadian criminal law (the root of the problem was the decision in Grdik). So confused has it become, some say it should simply be done away with. Held: Mend it, don’t end it. Specifically, the law on issue estoppel needs to be strictly defined and applied...

Big Mike too big for the big house

Posted on November 12, 2008
On the . . . lighter side: An inmate in a Montreal prison is getting out of jail early because of his morbid obesity. Michel Lapointe, 37, was granted a six-month reduction of his sentence to compensate for what the parole board described as the “inconveniences” he endured because of his heavy weight...

Is there a de minimis defence available in assault cases?

Posted on November 08, 2008
Is there a de minimis defence to assault under Canadian law? Actually the question might be asked what status such a defence (its name comes from the latin tag de minimis non curat lex: the law does not concern itself with trifles) has to any criminal offence in this country...

R. v. Jevons

Posted on November 07, 2008
An earlier post made reference to a case where a man had been set free on a domestic assault charge because it took too long for him to have a bail hearing. That case, R. v. Jevons, is now online at CanLII. Interesting stuff, as basically what was on trial was the bail court system [...

Big bust blows up

Posted on November 06, 2008
Ugh. A young Markham couple charged with faking hundreds of passports, university degrees and government documents was acquitted yesterday after a judge ruled York Regional Police officers violated their rights when they entered their house without a warrant, and arrested them...

R. v. Mathison

Posted on November 05, 2008
A judgment from the Ontario Court of Appeal full of interesting things.

R. v. J. F. (Supreme Court of Canada)

Posted on October 31, 2008
Rather sharp words in a slightly split judgment from the Supreme Court. At issue was whether a jury rendered an inconsistent verdict in acquitting J. F. on charges of manslaughter for failing to provide the necessaries of life to his foster child, but convicting him on the same facts on a charge of manslaughter by criminal [...

Bouck on bail

Posted on October 30, 2008
As Canadian legal blog watchers (all five of you) probably already know, retired Supreme Court of British Columbia judge John C. Bouck has a blog where he routinely offers up critiques of the current legal system and offers suggestions on how to improve it...

And another

Posted on October 29, 2008
This time in Edmonton. I don’t know how many more of these taser-death stories I’m going to link to. Sadly, they are becoming a commonplace. If you want to keep up on the subject you might want to check out the Truth not Tasers blog.

R. v. Ogertschnig

Posted on October 25, 2008
Just because it seems to be such a popular topic, here’s a (rare) example of a court upholding an accused’s refusal to blow. Obviously each case must be looked at in the context of its own circumstances. In this case, the circumstances including the unlawful arrest; the use of handcuffs which were too tight; the [...

R. v. Rojas; R. v. Illes

Posted on October 25, 2008
A pair of cases from the Supreme Court on the application of a new rule on how to treat “mixed” statements. A mixed statement is an out-of-court statement admitted as an exception to the hearsay rule because it is (in part) a statement made against the declarant’s interest (or a confession)...

What’s going on in the Peg?

Posted on October 23, 2008
From the CBC: Manitoba and Winnipeg are once again leading Canada in murders, according to a Statistics Canada report released Thursday. There were 62 homicides in Manitoba last year ? the highest number since data were first collected in 1961, and up from 39 killings in 2006...

HIV trial gets started

Posted on October 21, 2008
A report on the first day by Rosie DiManno. This is one I’m going to be interested in following.

R. v. Singh

Posted on October 21, 2008
What is the test for determining when a trial judge has been prejudiced by hearing inadmissible evidence? Why, the Hamlet test of course (pdf file). Here, the rule of law proposed for the applicant is that a trial judge must make it clear by his reasons that he was not prejudiced by inadmissible evidence, or at least [...

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