Jumping the Joint Submission on Sentence
Donich Law | Toronto Criminal Lawyers
by Carley Reynolds
2y ago
R. v. Anthony-Cook [2016] S.C.C. Agreements of this nature are vitally important to the well-being of our criminal justice system at large -para 25 The public interest test is the proper test for trial judges to apply. [para 31]. The threshold for this test is particularly high – higher than the other tests that were ..read more
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The Rules of Victim Impact Statements
Donich Law | Toronto Criminal Lawyers
by Carley Reynolds
2y ago
The victim impact statement should not include opinion evidence and should be confined to discussing the harm suffered by the victim. The VIS should not encourage or urge a certain sentencing outcome. Doing so runs the risk of steering the sentence imposed based on revenge. Regardless of whether the prosecution office, or the personnel administering ..read more
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Global Sentences
Donich Law | Toronto Criminal Lawyers
by Stuart O'Connell
2y ago
In Canada, the phrase “global sentence” is used to describe a single sentence that reflects the cumulative culpability for all offences on which the offender is sentenced.   (In the US, this type of aggregate sentence is termed a “unitary” sentence). The practice of imposing a global sentence is generally discouraged outside of the context of reducing ..read more
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What do you do when a juror falls asleep?
Donich Law | Toronto Criminal Lawyers
by Stuart O'Connell
2y ago
Personally, I find the law and trials fascinating, but I understand they are not everyone’s cup of tea. Take the juror in R. v. Anderson, 2021 ONCA 45 for instance; he seems to enjoy other interests.  We know this as it appears he may have fallen asleep during part of that trial. Anderson was ultimately convicted. He appealed, alleging ..read more
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What are the Drone Laws in Canada?
Donich Law | Toronto Criminal Lawyers
by Jordan Donich
3y ago
In recent years, drones have become an increasingly popular hobby for people of all ages. Department stores all over the country have begun to stock drones as part of their regular inventory, with models ranging in price from the low hundreds to thousands of dollars. Unfortunately, many retailers do not inform customers of the legal ..read more
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Historical Sexual Assault Charges
Donich Law | Toronto Criminal Lawyers
by Jordan Donich
3y ago
In recent years the Supreme Court of Canada has sent an important message in relation to sentencing for sexual offences against children: the sentences must increase. Over the years, the sentencing principles used to determine the appropriate sentence for those convicted of sexual offences against children have evolved significantly. With a much deeper understanding of ..read more
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Prohibition Orders for Sex Offenders
Donich Law | Toronto Criminal Lawyers
by Jordan Donich
3y ago
A Prohibition Order, as outlined in section 161 of the Criminal Code, is an order placed on individuals convicted of certain designated sexual offences involving persons under the age of 16. Designated sexual offences include (among others) child pornography offences, invitation to sexual touching, sexual interference, incest, making sexually explicit material available to a child, sexual assault with a weapon, threats to a third party or causing bodily harm, and sexual assault. What does a Prohibition Order Prohibit? When an offender is convicted of a designated sexual offence, the sentencing ..read more
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Judicial Notice: Can a Judge take Judicial Notice of a Fact which the Parties have not Introduced?
Donich Law | Toronto Criminal Lawyers
by Stuart O'Connell
3y ago
Judicial notice is the only exception to the general rule that cases must be decided on the evidence presented by the parties in open court. Judicial notice involves the acceptance of a fact or a state of affairs without proof and may occur in two circumstances: i. When the fact is so notorious or accepted as not to be the subject of dispute among reasonable persons, or ii. When the fact is capable of immediate and accurate demonstration. In R. v. J.M., 2021 ONCA 150, the Court of Appeal for Ontario recognizes that judicial notice also has a procedural dimension. The procedural dimension of ju ..read more
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New Changes to Sexual Assault Law in 2021
Donich Law | Toronto Criminal Lawyers
by Carley Reynolds
3y ago
Development in Sexual Assault Law 2020/2021 In recent years, the Supreme Court of Canada has made several important changes to how sexual assault cases are prosecuted in Canada. Sexual assault and the impacts of sexual violence on victims was brought to the forefront of our society in 2017 with the MeToo movement. This movement changed the way many sexual assault victims were treated by the justice system and is continuing to change the way our courts handle such offences. In 2020, 10 of the 26 criminal cases on the docket for the Supreme Court involved sexual offences. In deciding these cases ..read more
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What’s the Law on Reporting Child Pornography?
Donich Law | Toronto Criminal Lawyers
by Jordan Donich
3y ago
In 2011, the federal government enacted a piece of legislation called An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service. The Act sets out various reporting duties and other regulations that apply to Internet service providers who become aware of child pornography offences. Duty to Report Internet Address Section 2 of the Act stipulates that if a person is advised, in the course of providing Internet service to the public, of an Internet Protocol (IP) address or a Uniform Resource Locator where child pornography material may be av ..read more
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