This is an extremely important point! “More than 75,000 prosecutions every year are based entirely on the recollections of others. While perjury is a felony, the overwhelming majority of eyewitness errors aren’t conscious or intentional. Rather, they’re the inevitable side effects of the remembering process.” Most of us don’t know or believe that eyewitness accounts …
Author archives: Dennis Reeve
A New Direction
Previously we have been blogging about some of the basic elements of criminal law including offences and defences so that people charged with offences and looking for a criminal lawyer to represent them could become better informed about what they’ve got themselves into. There is, of course, a limited amount of information that can be …
Spousal Testimony Could Be Required As Part of “Victims’ Rights Bill.”
[text-wrapper] Canadians could soon be forced to testify against their spouses if a recent bill proposed by the Conservative government is passed. Tabled in the House of Commons on April 3rd, the proposed changes to the Canada Evidence Act are tucked into Bill C-32, which is a larger “Victims Bill of Rights.”
Prescription Drug Trafficking in Ontario: Just As Serious As Dealing “Street” Drugs
[text-wrapper] Prescription Drug Abuse Is a Serious Public Health Concern Prescription drug abuse is growing at alarming levels across Canada. Canada is the world’s second-largest per-capital consumer of prescription opioids (such as codeine, Vicodin, Percocet, and oxycontin). This widespread abuse is a grave public health concern: in 2011, twice as many Ontarians were killed by …
You’ve Been Pulled Over. Can the Police Search Your Car and Should You Let Them?
[text-wrapper] Know Your Rights, Including the Right Not to Consent to a Search When you’re pulled over by police, whether for an alleged traffic violation, suspected impaired driving or any other reason – police may sometimes ask whether they can conduct a search of your vehicle. Either due to a feeling of intimidation, a desire …
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Social Media as Evidence of Guilt: Anything You Post Online Can and Will Be Used Against You in a Court of Law
[text-wrapper] Your Posts Can Be Your Undoing While it is said that “What happens in Vegas, stays in Vegas,” what happens on social media stays on social media forever. More and more, people are discovering that what they post on Facebook, Twitter and other social media sites can have serious consequences when it comes to …
Unreliable Eyewitnesses Can Be Key to an Acquittal
[text-wrapper] The Biggest Cause of Wrongful Convictions In a criminal trial, some of the most powerful and persuasive testimony can come from supposed eyewitnesses who can identify the accused or testify regarding the events underlying the offence. However, flawed, unreliable, and mistaken eyewitness testimony can have devastating consequences, and eyewitness misidentification has long been regarded …
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Hearsay: Dealing With Second-Hand Information
[text-wrapper] When someone prefaces a story he is about to tell you by saying, “This is hearsay, but…,” you know that it may not be totally true. In fact, it may be completely false. The same is true in law. “Hearsay testimony” and “hearsay evidence,” refer to information provided to a court by witnesses who …
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If I’ve Been Arrested, What Are My Rights?
[text-wrapper] If you have been arrested or detained for questioning by police, you have a right to seek advice from a lawyer. That right, as established in 1982 by Section 10 of the Canadian Charter of Rights and Freedoms, requires that you be informed of your right to counsel and your right to seek legal …
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“Tough on Crime” Gun Laws Ruled Unconstitutional By Court of Appeals
[text-wrapper] Are Mandatory Minimum Sentences For Weapons Violations Constitutional? In the wake of Toronto’s 2005 “Summer of the Gun”, Canada’s conservative government passed several laws as part of a tough on crime initiative, including mandatory minimums for possessing a weapon for a purpose dangerous to the public’s peace or for the purpose of committing a …
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