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Criminal Defence Archives

Rules of Evidence: Charter protections

Honoured to accept the acknowledgement of our team by author Nick Kaschuk! "24(2) - Exclusion of Evidence under the Charter" gives practical guidelines as to how the law should be applied. The 2nd Edition, released by LexisNexis, is the only criminal law book that deals exclusively with Charter s 24(2), taking an in-depth look at jurisprudence. What an honour to play a part, however, small, in the gargantuan task of writing this book. 

Unpacking the Evidence

Good lawyers have to understand what they're looking at in context. We achieved a withdrawal of criminal charges by unpacking the significance of the evidence against our client, and it meant the opposite of what the police suggested. An undercover police officer tried to entice our client into committing criminal offences by posing as a teenage girl online, and he was then charged with seven serious criminal offences - several of which require intending to commit an actual offence with the person he believed he was communicating with. When an undercover officer is attempting to entrap a man, and he still does not follow through and commit any actual offence (or even meeting), the intent is simply not there. Yet the police tried over and over to get our client to do something he actually had no intention of doing. We went through that evidence and explaining its significance in context of the communications our client had with the undercover officer. By articulating that context to the Crown, we were able to get all charges withdrawn. And our client gets to move on with his life. 

Proactive Lawyering: Protecting our Clients

When someone is accused of a crime, that person's life changes overnight. Whether defendants did anything wrong or not, their lives become subject to the scrutiny of the Crown as soon as the police charge, "assault" or anything like it. To go through the court process is not only costly financially, it costs emotional strain on both the defendant and the defendant's entire support network. When there are children involved, they have to go through the trauma of not knowing if their parent is safe, not knowing if their parent is telling the truth, not knowing if they're going to see their parent go to jail.

Acquittal Won: No one can be convicted without proof beyond a reasonable doubt

We are glad to have won our client an acquittal on the basis of a pillar of Canada's criminal judicial system: the Crown must prove that the accused is guilty beyond a reasonable doubt. No matter what the crime or what the potential sentence, nothing short of this standard will do to deprive a person of their liberty according to the tenets of the Canadian system. In a case of sexual assault and sexual interference, we were able to advocate for our client by putting the evidence to this standard.

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