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  • The Curative Proviso & The Need to Object | Adam Goodman Law Office
    reality to this defence The second question is whether the Quebec Court of Appeal was correct in applying the curative proviso to four errors made by the trial judge in charging the jury although this was technically a Crown appeal this part of the Quebec Court of Appeals judgment went against the accused Justice Abella explained when the curative proviso is to be applied 45 The curative proviso can be applied in two situations where the error is so harmless or minor that it could not have had any impact on the verdict and where even if the error is not minor the evidence against the accused is so overwhelming that any other verdict would have been impossible to obtain R v Van 2009 1 S C R 716 at para 34 R v Trochym 2007 1 S C R 239 at para 81 R v Khan 2001 3 S C R 823 at para 26 The comments highly relevant to defence counsel were made by Justice Abella in the next paragraph 46 The defence had not objected at trial to any of the errors it raised on appeal a fact that while not determinative merit s consideration by the reviewing court as an indication that the error was neither serious nor significant R v Jaw 2009 3 S C R 26 at para 44 Van at para 43 R v Jacquard 1997 1 S C R 314 at para 38 Essentially what the court is saying is that they can consider whether a concern about a certain issue was raised at trial in determining if the issue is of enough relevance that the curative proviso should apply This highlights the importance of raising concerns on the record before the trial judge at the time they occur even if it

    Original URL path: http://www.aglaw.ca/category/monday-blog-roundup/ (2014-05-04)
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  • Defence | Adam Goodman Law Office
    Court of Canada on the topic of when the defence of provocation should be put to a jury Provocation is a defence that Leave a comment Continue Reading Ask us your most important question about Criminal Law Services Name Phone Email Question Read Top Rated Reviews On Adam Goodman Law Office I met Adam during the course of the G 20 weekend in Toronto where I was arrested From my

    Original URL path: http://www.aglaw.ca/tag/defence/ (2014-05-04)
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  • Juror | Adam Goodman Law Office
    Defence of Provocation Should Be Put to Jury This post featuring some commentary from criminal lawyer Daniel Brown reviewed 2 cases recently decided by the Supreme Court of Canada on the topic of when the defence of provocation should be put to a jury Provocation is a defence that Leave a comment Continue Reading The Internet and the Law Series Part 2 The Rogue Juror Posted on August 28 2013 by Ricardo Golec in Criminal Law Internet and the Law Legal Simon Fodden English Court Sanctions Jurors Who Used Internet Part 1 in the series here Next in this series I m taking a look at another Slaw post this time from Simon Fodden English Court Sanctions Jurors Who Used Internet The title in this one somewhat spoils the ending but it s definitely still worth Leave a comment Continue Reading Ask us your most important question about Criminal Law Services Name Phone Email Question Read Top Rated Reviews On Adam Goodman Law Office Mr Goodman executed my request with ease His expertise regarding Criminal Law extends well beyond his average day to day cases Rating by John P 5 0 stars Read more testimonials As Seen On Associations 2014

    Original URL path: http://www.aglaw.ca/tag/juror/ (2014-05-04)
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  • Using Hearsay Evidence to Prove Addiction | Adam Goodman Law Office
    the offender was an addict and it was his addiction that led to his crime 1 The trial judge is entitled to rely on hearsay to make findings of fact on sentence even if the facts are disputed s 723 5 Of course the party relying on the disputed fact carries the onus s 724 3 b We see no legal impediment to a party discharging that burden with disputed hearsay evidence although trial judges will quite properly often decline to rely on hearsay evidence to prove facts in dispute 2 We will not interfere with the trial judge s findings that the respondent was an addict turned to crime to support his habit and was taking rehabilitative steps In light of these facts it cannot be said that the sentence is unfit The fact of an addiction can be highly relevant and mitigate sentencing It suggests that a particular crime often low level drug trafficking or theft may have been fueled by the need to support an addiction as opposed to commercial gain This blog post was written by Toronto Criminal Lawyer Adam Goodman Adam can be reached at 416 477 6793 or by email at adam aglaw ca Posted on August 10 2012 by Adam Goodman in Criminal Law Legal Subscribe Subscribe to our e mail newsletter to receive updates Related Posts Mental Health Issues Continue to be Misunderstood in Criminal Law Disclosure and Institutional Delays Revisited The Constitutionality of Victim Fine Surcharges Revisited A Shoplifting Primer Some Thoughts on the Rob Ford Story R v Gordon Jury Instructions to Remedy Trial Issues Dropping the Charges No comments yet Leave a Reply Click here to cancel reply Name Required Mail will not be published Required Website Ask us your most important question about Criminal Law Services Name Phone

    Original URL path: http://www.aglaw.ca/tag/jury/ (2014-05-04)
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  • Dropping the Charges | Adam Goodman Law Office
    charge is the Crown Attorney In fact not even a Judge has the authority to dismiss a charge short of the conclusion of a trial Even in cases where a complainant does not wish to proceed however a Crown Attorney will not simply withdraw a charge The role of the Crown is quite broad they are acting as agents of the state and need to consider the interests of various parties including the complainant the accused and society as a whole The Crown is not the lawyer for the complainant In many cases a Crown Attorney will be very reluctant especially in domestic situations to simply withdraw a criminal charge There are various reasons for this The most notable in my mind is a concern that the complainant is a victim of domestic abuse and the fear that the behaviour of the accused person will continue Of course this is not always the case and unfortunately sometimes relatively minor situations get clumped in with much more serious cases The best way to move a case forward soon after an arrest is for the accused person to hire a lawyer Depending on the situation a lawyer may recommend the accused person do certain things to make them a more favourable candidate for a withrawal with or without a peace bond For example I will often recommend some sort of counseling such as anger management In certain cases it can also be beneficial for a complainant to seek independent legal advice ILA and hire their own lawyer Seeking ILA however does not guarantee a favourable result as the Crown need not follow the advice of the complainant s lawyer This blog post was written by Toronto Criminal Lawyer Adam Goodman Adam has extensive experience dealing with domestic charges Adam can be reached

    Original URL path: http://www.aglaw.ca/tag/provocation/ (2014-05-04)
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  • Monday Blog Round Up – August 26, 2013 | Adam Goodman Law Office
    to promote a program to reintegrate offenders into the community through employment opportunities On the other we have a broader pardons program that seems to be getting harsher with the application periods and costs all going much much higher and therefore making the barrier to entry or exit rather much more difficult Kate Knibbs In the Online Hunt for Criminals Social Media is the Ultimate Snitch This post is a little older and I came across it via an interesting path First I was checking out Garry Wise s excellent daily legal headline summary and noticed something that caught my technology focused eye This Week in Dumb Facebook Arrests an irreverent round up of incidents where the police have arrested individuals for having posted about their illegal exploits on social media sites though it curiously omitted the recent York Region Police Twitter drug bust Kate s article was one of the related articles and it caught my eye because it actually investigated some of the ways police implement social media into their investigations While technically not a blog I think I ll be keeping an eye on Digital Trends posts for a bit to see if there are any updates on social media based police investigations Michael Geist Lawful Access Back on the Agenda in the Fall Finally here s the latest in the ongoing saga of lawful access the most recent in a series of legislation aimed at expanding police powers to access people s internet usage The last we d heard then Justice Minister Rob Nicholson had killed the current iteration of lawful access Bill C 30 ostensibly after having heard so many concerns from Canadians who weren t happy with its changes Now however it seems like the new Justice Minister Peter McKay is putting lawful access

    Original URL path: http://www.aglaw.ca/monday-blog-august-26-2013/ (2014-05-04)
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  • The Justice System in the Media | Adam Goodman Law Office
    talking about before any evidence has been presented in trial and well before any finding of guilt has actually officially been made The presumption of innocence applies to everyone who stands accused of an offence but with these water cooler cases there s a question there as to whether or not that s truly being respected Christie Blatchford recently wrote an article for the National Post reflecting on this issue In it she discusses a reader s reaction to an earlier piece she d written about two men who had been charged with sexual assault Ms Blatchford realized on the eve of their expected acquittal that she and other reporters like her had played a big part in making the names of these accused together with the crime they were charged with well known to the public She had as she admits in her second article soiled their names and reputations in doing so and this is again well before any findings of guilt were made in fact both men were eventually acquitted She then goes on to point out that the general practice with complainants and witnesses in these sorts of cases is to provide for their anonymity to spare them of any further hardship or embarrassment These sorts of publication bans aren t as common for the accuseds in these matters mostly stemming from the goal of transparency in the criminal justice process She concludes by saying that she now believes that it s the responsibility of journalists covering these cases to try to self censor in publishing the names of merely accused persons To her credit she does not mention the names of the accused individuals in this article at all and does not herself link back to her earlier article though whether the Post agrees with her is up for debate they link to the original article in the Related Articles section right in the middle of her article While it s refreshing to read Ms Blatchford s frank piece about the unintended consequences of coverage of in progress criminal proceedings I don t think that s the entirety of the problem Even if reporters self censored as she suggested which she admits is unlikely and she herself has already broken that promise since then the problem would remain that the police are also all too willing to publish the names of suspects in their own press releases In fact that s likely where reporters get the names in the first place This practice is already enough to start soiling the reputations of suspected individuals based on allegations It s reasonable to assume that police do so intentionally as an investigative technique to aid in tracking people down I ve also at times heard the argument that this pseudo shaming process is part of what contributes to the deterrent effect of the justice system that the pre trial harm to reputation is more of a feature and less a glitch in the system The question is

    Original URL path: http://www.aglaw.ca/justice-system-media/ (2014-05-04)
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  • Using Hearsay Evidence to Prove Addiction | Adam Goodman Law Office
    the offender was an addict and it was his addiction that led to his crime 1 The trial judge is entitled to rely on hearsay to make findings of fact on sentence even if the facts are disputed s 723 5 Of course the party relying on the disputed fact carries the onus s 724 3 b We see no legal impediment to a party discharging that burden with disputed hearsay evidence although trial judges will quite properly often decline to rely on hearsay evidence to prove facts in dispute 2 We will not interfere with the trial judge s findings that the respondent was an addict turned to crime to support his habit and was taking rehabilitative steps In light of these facts it cannot be said that the sentence is unfit The fact of an addiction can be highly relevant and mitigate sentencing It suggests that a particular crime often low level drug trafficking or theft may have been fueled by the need to support an addiction as opposed to commercial gain This blog post was written by Toronto Criminal Lawyer Adam Goodman Adam can be reached at 416 477 6793 or by email at adam aglaw ca Posted on August 10 2012 by Adam Goodman in Criminal Law Legal Subscribe Subscribe to our e mail newsletter to receive updates Related Posts Mental Health Issues Continue to be Misunderstood in Criminal Law Disclosure and Institutional Delays Revisited The Constitutionality of Victim Fine Surcharges Revisited A Shoplifting Primer Some Thoughts on the Rob Ford Story R v Gordon Jury Instructions to Remedy Trial Issues Dropping the Charges No comments yet Leave a Reply Click here to cancel reply Name Required Mail will not be published Required Website Ask us your most important question about Criminal Law Services Name Phone

    Original URL path: http://www.aglaw.ca/tag/drugs/ (2014-05-04)
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