Tendering admissions made by the defendant in a criminal case is easy – except when there is reason to dispute whether it was the defendant who actually made the statement. Then things can get complicated in a hurry. This Video Blog attempts to sift through some contradictory jurisprudence and provide a framework for admitting statements in these situations.
Burden of Proving Mental Disorder (10mins)
In this video blog, I examine the British Columbia Supreme Court’s decision in R. v. Eligu, 2016 BCSC 1487, which addresses a constitutional challenge to section 16(4) of the Criminal Code, the clause that requires applicant’s to prove a mental disorder defence. This case revisits the Supreme Court’s 1990 decision of R. v. Chaulk.
Reversing the Burden of Proof in Summary Conviction Trials (10mins)
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 …