Last blog added on Thursday, August 16th, 2018

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  • The Essential Elements of a Criminal Offence: the BasicsAugust 16, 2018

    In R. v. Foster, 2018 ONCA 53, Justice Watt for the Court of Appeal for Ontario provides a useful basic overview of the essential elements of a criminal offence, which I have reprinted below.  Every Criminal Offence has an Actus Reus and a Mens Rea Requirement “Expressed in the Latin maxim actus non … Read more »

  • Probation and Child Pornography OffencesAugust 14, 2018

    In R. v. Inksetter, the Court of Appeal for Ontario has signalled that while probation may be a component of a sentence for a child pornography offence, probation (even a relatively onerous probation) is very unlikely to reduce what is generally required by imprisonment to satisfy the primary senten … Read more »

  • Applications in the Provincial Criminal Court: The BasicsAugust 13, 2018

    An application is a request to a court to make an order.  They are of two types: pre-trial applications and trial applications.  Commencing an application Applications are commenced by serving the opposing parties and any other affected party with a completed Form 1 (along with supporting materials) … Read more »

  • Punitive Damages in Civil Trials where there has been no Criminal PenaltyAugust 12, 2018

    Punitive damages are awarded to a successful civil plaintiff when the defendant’s misconduct is so outrageous that such damages are rationally required to act as a deterrent. Hill v. Church of Scientology of Toronto et al., [1995] 2 S.C.R. 1130, at para. 197. Non-pecuniary damages may be enough to a … Read more »

  • Lack of Remorse: When it can Affect SentenceAugust 2, 2018

    An accused’s lack of remorse is not ordinarily an aggravating factor on sentencing, as a court cannot punish the accused for failing to plead guilty or for having mounted a defence.  R. v. Valentini [1999] O.J. No. 251 (C.A.), at paras. 82, 83; R. v. J.F., 2011 ONCA 220, at para. 84, 105 O.R. (3d) 1 … Read more »