Last blog added on Thursday, January 14th, 2021

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!

  • Raising a New Issue on Appeal

    Raising a new issue on appeal requires obtaining the leave of the appellate court. If (1) the evidentiary record is sufficient to permit the appellate court to fully, effectively, and fairly determine the issue raised on appeal, and (2) the failure to raise the issue at trial was not due to tactical … Read more »

  • Evidence: Assessing the Credibility and Reliability of a Witness with an Intellectual or Developmental Disability

     Over-reliance on generalities can perpetuate harmful myths and stereotypes about individuals with disabilities, which is inimical to the truth-seeking process, and creates additional barriers for those seeking access to justice. When assessing the credibility and reliability of testimony given by a … Read more »

  • What is the Limitation Period for Criminal Charges?

    When we think of limitation periods in Canada, we often think of the limitation periods that apply to civil lawsuits. However, there is also a limitation period that applies to criminal matters in Canada. Section 786(2) of the Criminal Code states that when dealing with summary conviction offences, … Read more »

  • Defending Sexual Assault and Harassment at Work

    In situations involving sexual misconduct in the workplace, criminal and employment law can intersect, sometimes with adverse results for an employee who has been accused. In situations where an employer or institution believes that one of their employee’s may be guilty of sexual misconduct in the w … Read more »

  • Giving Evidence at Trial from Outside of Canada

    Section 714.2(1) of the Criminal Codes allows for a witness outside of Canada to provide their evidence remotely, that is, by videolink. The party who wishes to call the witness must give notice to their intention to do so at least 10 days before the witness is scheduled to testify. Section 714.2(1) … Read more »