 |
| Patrick Ducharme |
A plea of not guilty in Canada effectively joins issue with the prosecution, challenging the prosecution to prove each and every essential element of the offence(s) beyond a reasonable doubt. A plea of not guilty encompasses all defences for which a special plea is not provided, including the defence of res judicata.
Continue reading “Pleas (part 2)”
 |
| Patrick Ducharme |
Statistically, a majority of criminal cases are resolved by a plea of guilty by the accused to the offence charged or some other lesser offence. A plea of guilty amounts to a formal admission of all of the essential elements of the offence to which the accused pleads guilty. A plea of guilty must be an admission by the accused of all the essential legal ingredients necessary to constitute the crime. The admission dispenses with the necessity of proof of each essential element of the offence charged. A plea of guilty must be entered in a free and voluntary way by the accused, and, be untainted by threats or promises to induce the accused to admit that he committed an offence when, in fact, he does not admit the offence.
Continue reading “Guilty Pleas”
 |
| Patrick J Ducharme |
A plea is taken to each charge individually. The usual pleas to the charges are ‘guilty’ or ‘not guilty’. The accused is also able to enter any of the special pleas authorized in Part XX of the Criminal Code.
In special circumstances the accused may be allowed to enter one of the special pleas of autrefois convict or acquit, or, pardon. Subsection 606(4) also allows an accused to plead not guilty to the offence charged, but guilty to an included offence or any other offence arising out of the same transaction, however to do so the consent of the prosecutor is necessary.
Continue reading “Pleas”
| |
| Patrick Ducharme |
The arraignment of the accused refers to calling the accused before the court, formally reading the charges in the information or indictment to the accused, and asking the accused how she pleads to the charge(s). The primary purpose of the arraignment is to ensure that the accused is aware of the charges before the court. This marks the beginning of the trial.
Continue reading “Arraignments”
| |
| Patrick Ducharme |
The police do not have the power to arrest an accused for a summary conviction offence by virtue of subsection 495(2) unless the arrest is necessary to establish the person’s identity. A police officer requests that the person he finds committing such an offence identify himself. This request is within the execution of his duty. The accused’s refusal to accede to the request may constitute an offence of obstructing police under section 129.
Continue reading “Arrest to Establish Identity”
| |
| Patrick Ducharme |
Several factors must be considered when the police conduct a strip search, including whether:
a. the search takes place at a police station, or, some other appropriate place that minimizes the likelihood of public exposure or embarrassment for the person searched;
b. it can be done in a manner that ensures the health and safety of all involved;
c. the search is authorized by a police officer acting in a supervisory capacity;
Continue reading “Strip Searches on Arrest”
