Archive for July, 2020

When Bill C-51 was passed by Parliament in December 2018 it changed rules of evidence in sexual assault trials. The most egregious changes for the accused is that all records in their possession and which they may wish to use at trial now have to be disclosed in advance, with the complainant having access to those documents. Additionally, if the accused successfully obtains a ruling for disclosure of third party...
Continue reading Prosecutor Seeks to Withhold Crucial Records from Defence...

By Joseph A. Neuberger Neuberger & Partners LLP   As Canadian courts struggle with how to return to normal functioning and deal with the backlog of trials after the pandemic, suggestions are being made on how to effectively modify the trial process. Technology such as video conferencing has allowed some proceedings to continue remotely but there are compelling reasons why remote hearings should be restricted to case management, certain pre-trial...
Continue reading Restoring the Trial Process After COVID-19...