Last blog added on Friday, October 19th, 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!

  • Police Officers & Excessive Force (Part 1)October 5, 2018

    Police officers are entitled to use force in the execution of their duties if they act on reasonable grounds in doing what they are required or authorized to do and the force used is necessary for that purpose.  See section 25, Criminal Code. The Crown has the evidentiary burden of establishing that … Read more »

  • The Ability of the Police to Make a Breath DemandSeptember 29, 2018

    Section 254(3) of the Criminal Code authorizes a peace officer to make a demand for breath samplesprovided the officer “has reasonable grounds to believe that a person is committing or at any time within the preceding three hours has committed” the offence of impaired operation or driving ‘over 80’. … Read more »

  • Withdrawing as Counsel for Non-payment of Legal FeesAugust 28, 2018

    Summary A criminal court may exercise its inherent or necessarily implied jurisdiction to control its own process by overseeing lawyer withdrawal. This authority allows the court to require defence counsel who wishes to withdraw because of non-payment of legal fees to continue to represent the accus … Read more »

  • The Essential Elements of a Criminal Offence: the BasicsAugust 16, 2018

    In R. v. Foster, 2018 ONCA 53, Justice Watt for the Court of Appeal for Ontario provides a useful basic overview of the essential elements of a criminal offence, which I have reprinted below.  Every Criminal Offence has an Actus Reus and a Mens Rea Requirement “Expressed in the Latin maxim actus non … Read more »

  • Probation and Child Pornography OffencesAugust 14, 2018

    In R. v. Inksetter, the Court of Appeal for Ontario has signalled that while probation may be a component of a sentence for a child pornography offence, probation (even a relatively onerous probation) is very unlikely to reduce what is generally required by imprisonment to satisfy the primary senten … Read more »