Appeal Court Finds Right to Be Present at Trial Was Breached
The Ontario Court of Appeal ordered a new trial after it concluded that the accused person’s right to be present during a mid-trial conference had been violated. In R. v....
Police Illegally Obtained Computer Password
The police are limited in their powers to access an accused person’s password protected computer when the police obtain the password in violation of a suspect’s rights under section 9...
Mandatory Minimum Sentence May Be Unconstitutional
Under section 95(2) of the Criminal Code of Canada, it is mandatory that any person who is convicted of the offence of possession of a restricted firearm under section 95(1) is...
New Trial Ordered After Identification Evidence Excluded
In a recent Ontario Court of Appeal case, a new trial was ordered because the identity of the accused person was not properly established. In R. v. James, [2011] O.J....