Last blog added on Wednesday, May 20th, 2020

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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!

  • Questioning Police on their Understanding of the Charter Right that has been Violated

    The state of the police officer’s knowledge of the right breached is relevant to the seriousness of a violation under the s. 24(2) Charter analysis. An officer, who violates a Charter right while knowing better, commits a flagrant breach. For those officers who do not know of the relevant right, the … Read more »

  • Exclusion of Witnesses

    “All of the witnesses that are in this court room that are going to give evidence in this matter will go outside the court room and will remain there until such time as they are called. And they will not communicate with any witnesses who have given evidence and gone out of the court room.” One limi … Read more »

  • Kienapple and Convictions for Forcible Confinement and Sexual Assault

    Where the accused is convicted of both unlawful confinement (s. 279(2), Code) and sexual assault (s. 271, Code), and the confinement of the complainant forms an integral part of the conviction for sexual assault, a sufficient factual and legal nexus between the two offences exists to trigger the app … Read more »

  • Hidden Cameras in the Common Areas of Condominiums

    A condominium board has authority to cooperate with the police but only to a reasonable extent. As the Court of Appeal for Ontario tells us in R. v. Yu, 2019 ONCA 942, what is reasonable is informed by the constitutionally-protected reasonable privacy expectations of those who reside at the condomin … Read more »

  • Myths and Stereotypes about Sexual Assault Victims: Expected Conduct

    There is no rule as to how victims of sexual assault are apt to behave. A trial judge makes a fatal error in reasoning when that judge bases findings of credibility on assumptions that are unsupported by the evidence. It is an error of law to rely on pre-conceived views about how a sexual assault vi … Read more »