Last blog added on Wednesday, September 18th, 2019

Information About O’Connell Law Blog

Recent Posts

Below is a preview of the five most recent posts from the blog O’Connell Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Searches that Impede Freedom of Expression

    Freedom of expression protects listeners as well as speakers, particularly in the context of members of the public receiving information about the activities of public institutions. Langenfeld v. TPSB, 2018 ONSC 3447, at para. 51. Where the law provides that a meeting of a government body is open to … Read more »

  • 1-year Mandatory Minimum for Sexual Interference Struck Down by ONCA

    Section 12 of the Charter provides, “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.” A sentence will violate section 12 where it is grossly disproportionate to a fit punishment in the circumstances.   A sentence is at greater risk of being grossly dispro … Read more »

  • Exceptions to the Principle of Stare Decisis

    Common law courts are bound by authoritative precedent. This principle — stare decisis — is fundamental for guaranteeing certainty in the law. Subject to extraordinary exceptions, a lower court must apply the decisions of higher courts to the facts before it. This is called vertical stare decisis. [ … Read more »

  • Make Trials Less Complex: Don’t Pursue Two Counts Where One will Do

    Where an accused is charged with multiple counts and it is clear that one of the counts will be stayed in the event of a conviction of both, the Crown should consider, either before trial or before the jury is charged, whether to pursue both counts.  R. v. R.V., 2019 ONCA 664, at para. 147 (obiter). … Read more »

  • Mistake of Law as a Mitigating Factor on Sentence

    A mistake of law occurs only where a person has an honest but mistaken belief in the legality of his or her actions. Although it is not a defence to a criminal charge, mistake of law can nevertheless be used as a mitigating factor in sentencing.   Offenders who honestly but mistakenly believe in the … Read more »