Articles 2019

Today
Today
When the Wind is Right: Cross-examination of an Accused on Access to and Use of Disclosure

When the Wind is Right: Cross-examination of an Accused on Access to and Use of Disclosure

  • October 20, 2015
  • Timothy Kavanagh

Disclosure is a constitutional right that must not be converted into a trap through improper cross-examination by the Crown. However, the bar is not absolute. In this detailed paper, former defence lawyer and current prosecutor Tim Kavanagh provides guidance on where the line is drawn so that both sides can avoid stepping over.

Criminal Justice

Summer Appellate Review

  • September 23, 2015
  • Crystal Tomusiak

Crystal Tomusiak rounds up the summer's criminal appeal cases.

Criminal Justice
September 6-Word SCC Review

September 6-Word SCC Review

  • September 23, 2015
  • Vincenzo Rondinelli

The latest installment of Enzo Rondinelli's pithy take on the SCC's latest.

Criminal Justice
The Law on Prior Consistent Statements

The Law on Prior Consistent Statements

  • September 21, 2015
  • Marianne Salih

This article provides a thorough review of the law on prior consistent statements, including the exceptions to the rule and the uses which may be made of prior statements under each exception.

Criminal Justice
Case Brief: R v Daybutch (Ontario Court of Justice)

Case Brief: R v Daybutch (Ontario Court of Justice)

  • July 24, 2015
  • Christina Gray

In R. v. Daybutch, the Ontario Court of Justice found the minimum sentence for impaired driving to be unconstitutional in the circumstances of the case. Author Christina Gray explains why.

Criminal Justice
June 2015 Appeal Court Review

June 2015 Appeal Court Review

  • June 23, 2015
  • Crystal Tomasiuk

Crystal Tomusiak offers this month's instalment of criminal appeal summaries.

Criminal Justice
June 6-Word SCC Review

June 6-Word SCC Review

  • June 23, 2015
  • Vincenzo Rondinelli

The latest installment of Enzo Rondinelli's pithy take on the SCC's latest.

Criminal Justice
May 6-Word SCC Review

May 6-Word SCC Review

  • May 21, 2015
  • Vincenzo Rondinelli

The May installment of Enzo Rondinelli's pithy take on the SCC's latest.

Criminal Justice