The ReeveLaw Blog

AN EVIDENCE CODE – The laws of evidence are very very complex. We also need a comprehensive overhaul of the Criminal Code however we no longer have a law reform commission to instruct and advise.

An evidence code is needed because, in R. v. Graat [1982] 2 S.C.R. 819, Justice Brian Dickson, delivering the judgment of the Supreme Court, stated: “We start with the reality that the law of evidence is burdened with a large number of cumbersome rules, with exclusions, and exceptions to the exclusions, and exceptions to the exceptions.” And now, that fragmentation of the law of evidence is much worse.

Source: An evidence code to replace the many evidence acts | Ken Chasse – The Lawyer’s Daily

IMPAIRED DRIVING IS A SERIOUS MATTER

Source: NewmarketToday.ca

IF YOU ARE INTO TOP LEVEL DECISIONS – this is a good review of how the Supreme Court of Canada has shaped criminal law in the last year.

A Vancouver lawyer reveals how the court dealt with charter issues and the expansion of digital technology.

Source: Sarah Leamon: Reviewing the most important Supreme Court of Canada

RIDEshare by York Regional Police – Shared as a PSA. I watch these in-car and in-station videos all the time. All the time.

GRAPHIC TRIAL EVIDENCE AND HOW TO HANDLE IT – Justice Band has suggested a sensitive approach to minimize trauma to the trial participants (except the lawyers).

Justice Patrice Band, during a recent child pornography case, wrote of the “the trauma that justice system participants can suffer” when exposed to graphic evidence.

Source: Toronto judge wants courts to rethink how graphic evidence is presented | The Star

“Law Out of Wack with Science – Having Cannabis ‘In Your System’ Doesn’t Mean It’s Unsafe to Drive” – No one is in favour of impaired driving but we are also not in favour of criminalizing people for impaired driving when their ability to drive is not impaired.

Source: Study: Having Cannabis ‘In Your System’ Doesn’t Mean It’s Unsafe to Drive | Cannabis Now

SEXUAL ASSAULT CASES (HARD CASES MAKE BAD LAW) – The fact is that we no longer know the required way to pick a jury or how to handle the new “reverse disclosure” law in sexual assault cases and we won’t know until the Supreme Court tells us. It’s chaos out there. Give your thanks to Jody Wilson-Raybould.

The shadow of Ghomeshi looms over Bill C-51, but it also comes during the MeToo era and concern the trial process is still too hostile towards accusers