Last blog added on Tuesday, July 25th, 2023

Information About Pender Litigation Criminal Law Blog

Recent Posts

Below is a preview of the five most recent posts from the blog Pender Litigation Criminal Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • The Right to Counsel

    The right to counsel as provided in s. 10(b) of the Charter is of critical importance. The right to the effective assistance of counsel, which is promoted by section 10(b), is also viewed as one of the principles of fundamental justice under section 7 of the Charter. There are many aspects to the ri … Read more »

  • Adult witnesses testifying to allegations from when they were children

    After a brief hiatus we are back with case summaries. In this post we take a look at a recent Ontario Court of Appeal (R. v. D.D., 2022 ONCA 786) decision which addresses the principles applicable to an assessment of the evidence of an adult witness testifying to events which allegedly occurred when … Read more »

  • Failure to Call Evidence Leads to Adverse Inference Against the Accused

    Our latest Canlii Connects case summary considers a case from the Manitoba Court of Appeal (R. v. McLean, 2022 MBCA 60) where an accused was faulted for not calling evidence to corroborate his version of events. The case provides a nice example of when an accused can have their failure to call evide … Read more »

  • Improper Application of Judicial Notice Leads to New Trial

    Our latest Canlii Connects case summary considers a case from the Alberta Court of Appeal where a new trial was required because the trial judge went too far in applying Judicial Notice to make factual findings without evidence. R. v. Hussein, 2022 ABCA 219Issue: Did the trial judge err when they to … Read more »

  • How is Credibility Determined?

    At trials Judges are often required to decide which witnesses they believe. In other words, they must assess the credibility of each witness who testifies. This can be particularly challenging of course. Judges don’t have any sort of superpower to determine who is being truthful. What they do have i … Read more »