Disclosure of Police Misconduct Records
- By: Aswani Datt
- police records
- June 29, 2026
- Comments (0)
Every person charged with a criminal offence in Canada is constitutionally entitled to a fair trial and to make full answer and defence. This guarantee is given practical effect through disclosure: the Crown must provide the defence with all relevant information, including information that could assist the accused to meet the Crown’s case, advance a
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Criminal law — Evidence — Hearsay — Assessment — Accused convicted of second degree murder at trial
- By: Aswani Datt
- out of court statement
- May 22, 2026
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Evidence relevant to an issue at trial may nevertheless be inadmissible if it is subject to an exclusionary rule, such as the rule against hearsay. Hearsay is an out-of-court statement tendered for the truth of its contents and is defined by the use to which the statement is sought to be put, namely, to prove that what
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New Tort of Intimate Partner Violence is created.
- By: Aswani Datt
- tort
- May 16, 2026
- Comments (0)
The new tort is tied to the intimate partnership and is distinct from existing torts in that it seeks to compensate the qualitatively different wrong of coercive control, and the qualitatively different harm of loss of autonomy. It is not simply an aggregate, under a broad umbrella, of wrongful conduct already remedied by various existing
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Implied Licence/Invitation – Be Proactive
The police had an implied licence at common law to step onto the accused’s driveway, approach his truck, and knock on the window to investigate a recent impaired driving complaint. This police conduct did not, on its own, constitute a “search” under s. 8 of the Charter. However, the police exceeded the scope of the implied licence and
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“On or about” – Indictments
An information or indictment will typically allege that an offence was committed “on or about” a particular date or range of dates. Within that time period, the Crown is generally not required to establish the exact timing of the offence, except where it is an essential element of the offence or crucial to the defence.
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Forfeiture Powers
Forfeiture proceedings are distinct from other criminal proceedings. They are not aimed at determining the criminal responsibility of accused persons, nor at punishing them. Forfeiture provisions found in contemporary criminal legislation in Canada instead reflect a long-standing general principle of law and give statutory expression to the Latin maxim ex turpi causa non oritur actio (from a shameful
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