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Archive for February, 2013

Making a Threat? Don’t say it seriously!

While the accused was incarcerated, he had a telephone conversation with his ex‑girlfriend during which he repeatedly told her that he would kill her upon his release if she proceeded with her planned abortion of their child. The accused was charged with uttering threats. At trial, the ex‑girlfriend testified that the words uttered by the… Read More »

The Govt is watching you if you are a Juror

Jury vetting by the Crown and police gives rise to a number of concerns. First is the prospect of the Crown and police joining forces to obtain a jury favourable to their cause. Second is the fundamental precept of our justice system that “justice should not only be done, but should manifestly and undoubtedly be… Read More »

Facing the Accuser – allowing for religious nonesense

The issue is when, if ever, a witness who wears a niqab for religious reasons can be required to remove it while testifying. Two sets of Charter rights are potentially engaged — the witness’s freedom of religion and the accused’s fair trial rights, including the right to make full answer and defence. An extreme approach… Read More »

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