Last blog added on Tuesday, May 15th, 2018

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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!

  • R. v. Forcillo: One Burst of Bullets Justified, the Other NotApril 30, 2018

    In use-of-force scenarios, circumstances may change quickly.  The Court of Appeal for Ontario has signaled in R. v. Forcillo that a significant change in the circumstances in which force is used—even within the same transaction—may make the further use of a level of defensive force which had been ju … Read more »

  • Written Submissions are not a Replacement for Oral SubmissionsApril 16, 2018

    It is common practice in the criminal courts to require written submissions, not only at the end of the evidence in judge alone cases, but also in respect of various evidentiary motions, or pre-charge discussions held before or during trial.  In those cases, written argument is used, not in lieu of … Read more »

  • Ineffective Assistance of Counsel: False AffidavitApril 15, 2018

    The right to effective assistance of counsel extends to all accused persons.  In Canada that right is seen as a principle of fundamental justice.  It is derived from the evolution of the common law, s. 650(3) of the Criminal Code  and ss. 7 and 11(d) of the Canadian Charter of Rights and Freedoms. W … Read more »

  • Fitness of Sentence and Appeals to the Supreme Court of CanadaApril 10, 2018

    Section 40(1) of the Supreme Court Act provides that an application for leave to appeal to the Supreme Court of Canada is to be decided on the basis of the importance of the case.  This is consistent with a core function of the Supreme Court of Canada: settle questions of law of national importance … Read more »

  • Should the Accused be Permitted to Sit at Counsel Table during his/her Trial? Part 3April 9, 2018

    A trial judge’s ruling in relation to where an accused sits during his trial is discretionary and entitled to deference.  R. v. A.C.,2018 ONCA 333 (CanLII) at para. 37. In every case, the accused’s placement must permit him to make full answer and defence, but the issue is to be assessed on a case-b … Read more »