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The ability of a court to grant a simple adjournment is not necessarily set out in any rule or statute; yet a court could not function if ..read more
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Questions in cross-examination that ask an accused person to explain why a complainant would fabricate his or her allegations are improper ..read more
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Historically, evidence of an accused’s prior sexual history was much more restricted than comparable evidence relative to a complainant ..read more
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Sentencing does not occur in the abstract.  It is very much an individualized process ultimately involving an assessment of the ..read more
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Section 10(b) of the Charter guarantees to anyone arrested or detained the right “to retain and instruct counsel without delay and to be ..read more
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The principal purpose of section 8 of the Charter is to protect an accused’s privacy interests against unreasonable intrusion by the ..read more
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In many criminal cases, particularly the more serious cases, sentencing will, of necessity, take time, sometimes a matter of months. ..read more
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The police, in carrying out their general duties as law enforcement officers of the state, have limited powers and are only entitled to ..read more
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In charging juries, trial judges are obliged to review the substantial parts of the evidence and relate that evidence to the issues the ..read more
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Credibility and reliability are not the same thing.  “Credibility has to do with a witness’s veracity, reliability with the accuracy ..read more

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