Criminal law — Evidence — Hearsay — Assessment — Accused convicted of second degree murder at trial
- By: Aswani Datt
- out of court statement
- May 22, 2026
- Comments (0)
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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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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Search and seizure — Text message conversation — Reasonable expectation of privacy — Exigent circumstances
- By: Aswani Datt
- text messages
- December 9, 2024
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The main purpose of s. 8 of the Charter, which guarantees that everyone has the right to be secure against unreasonable search or seizure, is to protect the right to privacy from unjustified state intrusion. A claimant seeking standing to argue that their rights under s. 8 were infringed must show that they subjectively expected
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