LATIN ANYONE?
A person's particular way of doing things. Used when using behavioral analysis while investigating a crime. Often abbreviated "M.O."
What is Modus Operandi - Manner of Operation?
Belief on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person, and the act committed is reasonable in the circumstances. Section 34 Criminal Code, R.S.C., 1985, c. C-46
What is Self-defense?
First, if you believe the evidence of the accused, obviously you must acquit...
What is R. v. W.(D.), [1991] 1 S.C.R. 742 Cory J.?
Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.
What is Section 19?
What is relevant is namely what goes to the proof or disproof of a matter in issue will be decided by logic and human experience, and facts may be proved directly or circumstantially. R. v. Morris, [1983] 2 S.C.R. 190 Lamer J. par 17
What is Irrelevant?
"The law holds that it is better that ten guilty persons escape than that one innocent suffer."
Who is William Blackstone (1760), Commentaries on the Laws of England?
Falls much closer to absolute certainty than to proof on a balance of probabilities. It is not enough to believe that the accused is probably guilty, or likely guilty. R. v. Starr, [2000] 2 S.C.R. 144 Iacobucci J. par 242
What is Beyond a Reasonable Doubt?
In addition to the general warning, also refers to a legal doctrine wherein a buyer could not get relief from a seller for defects present on property which rendered it unfit for use.
What is Caveat Emptor - Let the Buyer Beware?
The evidence at issue is determinative of the final issue of guilt or innocence of the accused. The evidence suggests that it was impossible for the accused to have committed the crime charged because, at the time of its commission, the accused was elsewhere. R. v. Hill, [1995] O.J. No. 2360 (C.A.) Laskin J.A. par 29
What is Alibi?
Established the rule against multiple convictions known the court held that an accused cannot be convicted of two offences where they both arise out of substantially the same facts.
What is Kienapple v. R., [1975] 1 S.C.R. 729 Laskin J.?
Where, at a trial, the accused adduces evidence of his good character, the prosecutor may, in answer thereto, before a verdict is returned, adduce evidence of the previous conviction of the accused for any offences, including any previous conviction by reason of which a greater punishment may be imposed.
What is Section 666?
The fact that the statement is adduced to prove the truth of its contents and the absence of a contemporaneous opportunity to cross-examine the declarant. R. v. Khelawon, [2006] 2 S.C.R. 787 Charron J. par 35
What is Hearsay?
"The home to everyone is to him his castle and fortress, as well for his defence against injury and violence, the rain may enter, but the King of England cannot enter."
Who is Edward Coke (1628), Institutes of the Laws of England?
More probable than not, or more technically, the chance of the proposition being true is more than 50%. This standard is known as the civil standard as it is used in civil trial cases. Continental Ins. Co. v. Dalton Cartage Co., [1982] 1 S.C.R. 164 Laskin C.J. rejected a variable standard
What is Balance of Probabilities?
A writ used to challenge the legality of detention. Orders the detaining party to "have the (living) body" of the detained brought before the court where the detention will be investigated.
What is Habeas Corpus - May You Have the Body?
The accused must be in imminent peril or danger, the accused must have had no reasonable legal alternative to the course of action he or she undertook and the harm inflicted by the accused must be proportional to the harm avoided by the accused. Perka v. R., [1984] 2 S.C.R. 232 Dickson J. par 65
What is Necessity?
The Court held that the police are not permitted to enter into someone's house without a search warrant.
What is R v Feeney, [1997] 2 S.C.R. 13 Sopinka J.?
A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
What is Section 718.1?
Evidence is material if what it is offered to prove is in issue according to the governing substantive and procedural law and the allegations contained in the indictment. R. v. Candir, [2009] O.J. No. 5485 (C.A.) Watt J. par 49
What is Immaterial?
"What is the argument on the other side? Only this, that no case has been found in which it has been done before. That argument does not appeal to me in the least. If we never do anything which has not been done before, we shall never get anywhere. The law will stand still whilst the rest of the world goes on; and that will be bad for both."
Who is Lord Denning in Packer v. Packer, [1953] 2 All E.R. 127 Denning L.J.?
The same burden as that asked by a trial judge considering a defence motion for a directed verdict, namely, whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty. R. v. Arcuri, [2001] 2 S.C.R. 828 McLachlin C.J. par 21
What is Prima Facie Case?
The obligation of a judge to stand by a prior precedent.
What is Stare Decisis - To Stand by Things Decided?
A wrongful act or insult of such a nature that it is sufficient to deprive an ordinary person of the power of self-control and the accused acts upon that insult on the sudden and before there was time for his passion to cool. R. v. Thibert, [1996] 1 S.C.R. 37 Cory J. par 3. Section 232 Criminal Code, R.S.C., 1985, c. C-46
What is Provocation?
A judge will only reject a joint submission if it would bring the administration of justice into disrepute or be other- wise contrary to the public interest. The threshold is a high one.
What is R. v. Anthony-Cook, [2016] 2 S.C.R. 204 Moldaver J.?
If a justice is available within a period of 24 hours after the person has been arrested by the peace officer, the person shall be taken before a justice without unreasonable delay and in any event within that period.
What is Section 503(a)?
As a general rule, a party may not either in direct or re-examination put leading questions, the court has a discretion, not open to review, to relax it whenever it is considered necessary in the interests of justice. R. v. Coffin, [1956] S.C.R. 191 Kellock J. par 59
What is Leading Question?
"Justice delayed is justice denied."
Who is William Gladstone (1880)?
Required to overcome any other presumption of fact or of law. Once a prima facie case has been established by the evidence of the crown, there is no need to prove innocence. Rather the accused need only raise a doubt in the evidence. R. v. Proudlock, [1979] 1 S.C.R. 525 Pigon J. para 10-11
What is Evidence Raising a Reasonable Doubt?
A matter that has been finally adjudicated, meaning no further appeals or legal actions by the involved parties is now possible.
What is Res Judicata - A Matter Judged?
The involuntary behavior, the state of a person who, though capable of action is not conscious of what he is doing. It means an unconscious involuntary act where the mind does not go with what is being done. The burden is on the accused to prove on a balance of probabilities. R. v. Rabey, [1980] 2 S.C.R. 513 Ritchie J. par 6
What is Automatism?
The case birthed the warning, which gives judges the discretion to warn the jury of the risks of accepting the testimony of untrustworthy unsavory witnesses.
What is Vetrovec v. R., [1982] 1 S.C.R. 811 Dickson J.?
Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament.
What is Section 8(3)?
The general rule that witnesses must speak only to that which was directly observed by them. R. v. Graat, [1980] O.J. No. 3755 (C.A.) Howland C.J. par 18
What is Opinion?
"A much-talking judge is like an ill-tuned cymbal."
Who is Francis Bacon (1597), Essays: Or Counsels, Civil and Moral?
The test whether there is evidence on the record upon which a properly instructed jury acting reasonably could acquit. R. v. Cinous, [2002] 2 S.C.R. 3 McLachlin C.J. par 49
What is Air of Reality?
The point in a legal proceeding, or the legal precedent so involved, which led to the final decision being what it was.
What is Ratio Decidendi - Reason for the Decision?
Requires that there be a change of intention on the part of the accused and, where practical and reasonable, a timely communication of the accused’s intention to abandon the common unlawful purpose. R. v. Bird, [2009] 3 S.C.R. 638 aff'd [2009] A.J. No. 107 (C.A.) Costigan J.A. par 24
What is Abandonment?
Pursuant to this case, police may search a cell phone which has been seized incident to lawful arrest, but only to the extent that the search is reasonably necessary to achieve some valid purpose connected to the arrest, and police must take detailed notes of the search.
What is R. v. Fearon, [2014] S.C.R. 621 Cromwell J.?
A party who intends to call a person as an expert witness shall, at least thirty days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so.
What is Section 657.3(3)(a)?
The rule against oath-helping prohibits a party from presenting evidence solely for the purpose of bolstering a witness' credibility before that witness' credibility is attacked. This type of evidence is of the sort that would tend to prove the truthfulness of the witness, rather than the truth of the witness' statements. R. v. F.F.B., [1993] 1 S.C.R. 697 Iacobucci J. par 70
What is Prior Consistent Statement?
"Our lady the Common Law is a very wise old lady though she still has something to learn in telling what she knows."
Who is Frederick Pollock (1900)?
The point where credibly-based probability replaces suspicion. It is the reasonable belief that an event not unlikely to occur for reasons that rise above mere suspicion. Hunter v. Southam Inc., [1984] 2 S.C.R. 145 Dickson J. par 43
What is Reasonable Probable Grounds?
A writ issue by a higher court to a lower one, ordering that court or related officials to perform some administrative duty. Often used in the context of legal oversight of government agencies.
What is Mandamus - We Command?
The defense arises where the accused is given advice in error that the accused relies upon in doing the criminal act. R. v. Jorgensen, [1995] 4 S.C.R. 55 Lamer C.J. para 32-36
What is Officially Induced Error?
If the accused is unable to reach the lawyer of choice, police must give the accused a reasonable opportunity to consult with someone else before proceeding to gather evidence from the accused.
What is R. v. McCrimmon, [2010] 2 S.C.R. 402 McLachlin C.J. and Charron J.?
Notwithstanding that the court is of the opinion that on any ground mentioned in subparagraph (a)(ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of justice has occurred.
What is 686(1)(b)(iii)?
The problem with such questions is that they assume a fact in issue. If the witness gave an affirmative answer, one cannot say whether the witness affirmed the principal part of the question or the assumed fact buried in the question. R. v. Roberts, [2016] Y.J. No. 24 (C.A.) Donald J.A. par 11
What is Compound Question?
"Even a dog distinguishes between being stumbled over and being kicked."
Who is Oliver Wendell Holmes (1881), The Common Law?
Standard lower than reasonable and probable grounds. The main distinction is merely the degree of probability demonstrating that a person is involved in criminal activity, not the existence of objectively ascertainable facts. It refers to the possibility of uncovering criminality, not the probability of doing so. R. v. Chehil, [2013] [2013] 3 S.C.R. 220 Karakatsanis J. para 26-27
What is Reasonable Suspicion?