Articles

About Articles The below articles are published by the Criminal Justice Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: sectioninsiders@oba.org

Today
Today
Hearsay and the Principled Approach Eight Years After <em>Khelawon</em>

Hearsay and the Principled Approach Eight Years After Khelawon

  • September 24, 2014
  • John McInnes

The law of hearsay underwent a sea change in 2006 with the Supreme Court of Canada's decision in R. v. Khelawon. John McInnes argued that case (and other SCC hearsay cases such as R. v Rojas, R. v Baldree, R. v Van). In this article John discusses the Khelawon decision, its impact at the time, and where we stand eight years later.

Criminal Justice
The 6-Word SCC Review

The 6-Word SCC Review

  • September 08, 2014
  • Vincenzo Rondinelli

Struggling to find time to read recent Supreme Court of Canada judgments? Vincenzo Rondinelli has condensed the latest SCC judgments to bite-sized consumption – 6 words to be exact – to keep you up to date. Here’s the latest instalment for the month of September, 2014.

Criminal Justice
Can an Unsympathetic Accused Kill “Pre-Emptively” Under the New Self Defence Provisions?

Can an Unsympathetic Accused Kill “Pre-Emptively” Under the New Self Defence Provisions?

  • June 18, 2014
  • Ryan Handlarski

Ryan Handlarski reviews the defence of self-defence prior to and post the recent amendments to the Criminal Code. He focusses on a difficult area of the law – an area that cuts to the core of our duties to defend the rights of innocent individuals – no matter how unsavoury they may be. Mr. Handlarski makes a convincing argument that the law has changed and for the better.

Criminal Justice
June 2014 Appeal Court Review

June 2014 Appeal Court Review

  • June 17, 2014
  • Paul Calarco

Senior defence counsel Paul Calarco continues his review of the appeal courts’ most interesting and relevant decisions for the month of June 2014.

Criminal Justice
The 6 Word SCC Review

The 6 Word SCC Review

  • June 17, 2014
  • Vincenzo Rondinelli

Struggling to find time to read recent Supreme Court of Canada judgments? Vincenzo Rondinelli has condensed the latest SCC judgments to bite-sized consumption – 6 words to be exact – to keep you up to date. Here’s the latest instalment for the month of June, 2014.

Criminal Justice

Properly Tendering Judicial Documents in a Trial

  • June 09, 2014
  • Emily E. Marrocco

Emily Marrocco reviews the law associated with the proper tendering of public and judicial documents in a criminal trial. She notes the provisions of the Canada Evidence Act and the common law. This is a very technical area of the law and very challenging for junior counsel and senior counsel alike. Ms. Marrocco takes a challenging topic and makes it easy.

Criminal Justice
The 6-Word Supreme Court of Canada Review

The 6-Word Supreme Court of Canada Review

  • May 21, 2014
  • Vincenzo Rondinelli

Struggling to find time to read recent Supreme Court of Canada judgments? Vincenzo Rondinelli has condensed the latest SCC judgments to bite-sized consumption – six words to be exact – to keep you up to date. The SCC has been rather busy with other matters recently - so there is only one judgment this month - but it is very relevant.

Criminal Justice
Standing and Privacy Rights: Section 8 Applications in a Nutshell

Standing and Privacy Rights: Section 8 Applications in a Nutshell

  • May 21, 2014
  • Erin Pancer

Erin Pancer reviews the test for standing and privacy related issues in bringing section 8 applications. She also updates us on the law and informs us on a recent debate brewing in the Ontario Superior Court. We have secured her promise to keep us updated once the Ontario Court of Appeal clarifies the area dealing with text messages and other people's cell phones.

Criminal Justice