Charter of Rights and Freedoms

Getting off on a “technicality”

Critics of Canadian criminal law sometimes complain about people getting off on a "technicality.” Usually the so-called “technicality” is that the police violated an accused person’s Charter rights. The prosecution often can’t use evidence that was gained that way. As a result the prosecution’s case falls apart. No surprise then, that your average person may [...]

2020-10-16T11:03:36-07:00January 23rd, 2016|Criminal Law|

Police Note Taking: Part 3 of 3

This is the third of three posts about police note taking. In this, Part 3, I discuss the effect sloppy police note taking can have on the outcome of a criminal trial. The trial of the police investigation If a prosecution witness is discredited at trial on important matters it can seriously, if not fatally, undermine the [...]

2020-10-16T11:05:37-07:00August 14th, 2014|Criminal Law|

Police Note Taking: Part 2 of 3

This is the second of three posts about police note taking. In this, Part 2, I discuss the classic way in which a poor note taker can expect to find his or her credibility under attack in a criminal trial. A typical cross-examination on police note taking In a classic example, the wind-up questioning by [...]

2020-10-16T11:06:32-07:00June 26th, 2014|Criminal Law|

Police Note Taking: Part 1 of 3

This is the first of three posts about police note taking. In this, Part 1, I discuss the importance of good police note taking in the context of telling the story of the case in evidence in a criminal trial. Introduction In 13 years as a prosecutor I dealt with hundreds of police officers during [...]

2020-10-16T11:07:47-07:00March 13th, 2014|Criminal Law|
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