Last blog added on Thursday, December 14th, 2017

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  • Text Messages as EvidenceDecember 6, 2017

    An estimated three billion human beings own cell phones, sending more than a trillion text messages every year. Not all of these messages are benign. Sometimes, when an accused is arrested, his/her cellphone is searched, either incident to arrest or under the authority of a search warrant (or both). … Read more »

  • Rap Lyrics as EvidenceDecember 3, 2017

    “Real niggaz don’t crack to the coppers, muthafucka”. Rap lyrics are often a vehicle for social and political commentary.  Sometimes they are profane, violent, and disturbingly mean-spirited.  As Crown evidence, the artistic expression of an accused often has little probative value.  And when that s … Read more »

  • Rap Lyrics as Evidence (Part 1)December 3, 2017

    “Real niggaz don’t crack to the coppers, muthafucka”. Rap lyrics are often a vehicle for social and political commentary.  Sometimes they are profane, violent, and disturbingly mean-spirited.  And sometimes they are evidence. As Crown evidence, the artistic self-expression of an accused often has li … Read more »

  • Uneven Scrutiny of EvidenceDecember 1, 2017

    The judge believed X. The judge didn’t believe Y. But the judge could have believed Y. Therefore, the judge applied a different standard of scrutiny. Not so, according to the authorities. R. v. O.N., 2017 ONCA 923, at para. 5. The uneven scrutiny of evidence argument or some variation on it is commo … Read more »

  • Prosecutorial DiscretionDecember 1, 2017

    Prosecutorial discretion is an expansive term that covers all decisions regarding the nature and extent of the prosecution and the Attorney General’s participation in it. R. v. Anderson, 2014 SCC 41 (CanLII), at para. 44. It includes, among many other things, the Crown’s decision to negotiate a plea … Read more »