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Ghomeshi Trial: Communication Between Witnesses

In Case Comments, Character Evidence, Character Evidence, Criminal Law, Evidence Law, Sexual Assault, Teaching Capsules by Peter Sankoff2 Comments

In this video blog, I take a look at the ongoing Ghomeshi trial and assess the meaning of cross-examination that took place with the third complainant.  One subject of that cross was the fact that she had exchanged at least 5000 messages with another complainant. What is the meaning of this?  How does it affect the Crown’s case?  I explore …

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Self-Incrimination & Section 5(2) of CEA

In Charter of Rights and Freedoms, Evidence Law, My picks, Privilege, Privileges and Immunities, Teaching Capsules, Trial Procedures by Peter SankoffLeave a Comment

Most lawyers believe that the privilege against self-incrimination in proceedings where a witness is not on trial is completely encapsulated in section 13 of the Charter of Rights and Freedoms. I don’t believe this to be true. In this video blog, I explore a critical situation in which section 13 does NOT provide protection while section 5(2) of the CEA …

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