Last blog added on Tuesday, January 24th, 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!

  • 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 »

  • Odour of Fresh Marijuana Not Enough to Justify Arrest

    Our latest Canlii Connects case summary reviews a decision from Saskatchewan which considered grounds for arrest for marijuana trafficking at a Motor Vehicle stop. The landscape has changed with the legalization of small amounts of marijuana and this case provides an example. R. v. Santos, 2022 SKCA … Read more »