The ReeveLaw Blog

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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 as the leading cause of wrongful convictions. As Mr. Justice David Doherty of the Ontario Court of Appeals once wrote:

“The spectre of erroneous convictions based on honest and convincing but mistaken eyewitness identification haunts the criminal law.” Continue reading “Unreliable Eyewitnesses Can Be Key to an Acquittal”

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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 are passing on information based on what others have told them and is therefore of questionable accuracy. Due to its untrustworthy nature, coupled with the fact that the source of the hearsay evidence cannot be cross-examined, hearsay testimony is generally inadmissible in Canadian courts. Continue reading “Hearsay: Dealing With Second-Hand Information”

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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 aid at the time of your arrest or detention. In fact, courts have concluded that Section 10 is violated if the police fail to provide that information even when the person who is arrested or detained decided not to see a lawyer. Continue reading “If I’ve Been Arrested, What Are My Rights?”

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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 criminal offence. Specifically, Canadian Criminal Code Section 95 — possession of prohibited or restricted firearm with ammunition — sets forth a three-year mandatory minimum for a first offence, and five years for a second or subsequent offence. Continue reading ““Tough on Crime” Gun Laws Ruled Unconstitutional By Court of Appeals”

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Although it is never a good idea to get behind the wheel while under the influence of drugs or alcohol, there are certain – and rare — circumstances when drivers have may feel that they have no choice but to drive impaired. This unique defence is known as “necessity” or, more colloquially, the “lesser of two evils” defence. Continue reading “No Choice but to Drive Drunk? The Rare Defence of “Necessity.””

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You Don’t Need a Conviction for a Youth Record

Young people do not always think before they act. Unfortunately, the inexperience of youth can lead to quick and harsh lessons in reality. Children ages 12 to 17 are governed by the Youth Criminal Justice Act, which imposes specific penalties on young people charged with criminal offences under the Criminal Code of Canada. One of the main differences from the adult system is the way records are created and handled. Under the Youth Criminal Justice Act, any criminal charge results in an automatic “youth record.” Merely being charged with an offence is enough. Continue reading “Will My Youth Record Haunt Me Forever?”

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Regaining Your Freedom as Soon as Possible is Crucial

Any time you or a loved one has been arrested and put in jail, the most immediate concern is getting out of jail as soon as possible. Getting released on bail quickly is not only important for your physical and psychological well-being, but long-term freedom may hinge on your ability to make sure that you or your loved one doesn’t stay incarcerated for an extended period of time before trial. Continue reading “Getting Released From Jail After an Arrest”

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Harassment, often called stalking, was added to the Criminal Code of Canada in 1993 to protect the physical and emotional safety of those who find themselves the subject of ongoing and unwanted threatening or disturbing behavior.  Technology has come a long way since then, and while stalkers continue to make repeated telephone calls, physically follow or watch someone, or show up unwanted at homes or offices, the Internet has facilitated new forms of harassment that can do as much harm to the victims and result in as much prison time for the perpetrators as physical stalking. Continue reading “Online Harassment Can Link You Straight to Jail”