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R vs Hart: New Test for Probative Value

In Evidence Law, Probative Value and Prejudice, Relevance, Teaching Capsules by Peter Sankoff0 Comments

In this video blog, I explore the Supreme Court of Canada’s decision in R v Hart, 2014 SCC 52, which addressed the admissibility of confessions made while the accused was being investigated by use of a “Mr Big” operation.  My interest here is not so much in these operations per se, but what the Court’s decision tells us about how …

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Carter, The Assisted Dying Bill and Constitutional Remedies (15mins)

In Case Comments, Case Comments, Charter of Rights & Freedoms, Criminal Law by Peter Sankoff0 Comments

In this video blog, I explain the impact of the Carter v Canada decision, which struck down the assisted suicide provision of the Criminal Code, but did so in an unusual way. The federal government is trying to enact legislation with an eye on June 6, when the SCC’s decision to “suspend” the declaration of invalidity expires.  What happens if …

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Reversing the Burden of Proof in Summary Conviction Trials (10mins)

In Burden of Proof, Criminal Law, Defences, Evidence Law by Peter Sankoff0 Comments

Talk about flying under the radar. Two days ago, the Supreme Court of Canada dismissed the case of R v Goleski from the bench. In the process, it confirmed that s. 794 imposes a burden of proof on the defendant to prove certain defences and excuses in EVERY summary conviction trial. This is not a good thing. To find out why, watch …