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Why No Contact Order In Domestic Assault Case

In every single case of domestic violence, where the police arrest and charge someone, that defendant is prohibited from contacting the complainant. The defendant is also prohibited from living with the…

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Recent Cases From The Court Of Appeal

This blog is an ongoing feature that touches briefly on cases decided by Ontario’s highest court. Failure to Call Witnesses: in The Queen v. DeGraw, the Court ordered a new trial…

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Sexual Assault in the #MeToo Era

Harvey Weinstein. Jian Ghomeshi. Matt Lauer. Kevin Spacey. Albert Schultz. All of these men, giants in their field, have recently been taken down and held accountable for sexually inappropriate behaviour at…

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Criminal Law And Text Messages

If someone sends you a text message, is that hearsay? Can an incoming text message be used against you? R v. Bridgman, 2017 ONCA 940, a recent decision by the Court…

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Conviction

Everyone has heard of “He said-she said” cases. But what does that mean? Can I be convicted on just the word of another person? Yes you can. It happens every day…

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Can The Police Violate The Law?

The simple answer is, thankfully, No. A senior police investigator in Waterloo recently thought he had figured out a clever way to do an end run around the Charter of Rights,…

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Stages Of A Criminal Case

There are three stages to a criminal case: the Analysis; the Negotiation; and, if necessary, the Trial. Every case goes through an analysis and a negotiation, but only a minority of…

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Proving Not Guilty Of Sexual Assault

Anyone can be charged with rape; it only takes a statement by a complainant motivated to report to the police. And because sexual assault is a “zero tolerance” offence, it will…

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How The New Marijuana Legislation Will Impact Society

Impaired Driving Impaired driving is among the leading criminal causes of death and injury in Canada. It is a serious offence that significantly jeopardizes public safety, as impaired drivers risk the…

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The Upcoming Legalization Of Marijuana

The police spend $2 billion to $3 billion every year to investigate marijuana offences. Despite these efforts, teenagers in Canada continue to be amongst the heaviest users of cannabis. As a…

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Justice Denied: The Wrongful Conviction Of Amanda Knox

Wrongful convictions are the result of human error: tunnel vision by police; motivated but mistaken witnesses, shortcuts and negligence by investigators. Countless stories of wrongful convictions beg us to question whether…

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How Drunk Is Too Drunk? Consent In Sexual Assault Cases

Can a drunk person consent to sex? It happens all the time. Every night, in bars and nightclubs and pool halls, men and women drink and socialize and “hook up”. Alcohol…

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