Ziv Law Group Legal Blog

Explore our expert articles on criminal and driving law. Stay informed with guidance from Ziv Law Group.

Expanding McNeil Disclosure

R v Lam 2016 ABQB 201: First Party vs Third Party Disclosure This case deals with the issue of whether records pertaining to a criminal

WD

WD R. v. Kennedy.  [2015] N.J. No. 107, 2015 NLCA 14 Facts: This is a rather straightforward sexual assault case. The accused forced himself on

Garofoli Procedure

Garofoli Procedure R. v. Burgher, [2014] O.J. No. 6449, 2014 ONSC 4527 PRE-TRIAL RULING THE PROCEDURE PURSUANT TO R. V. GAROFOLI Background: This is a pre-trial application on

Colour of Right

Theft and Colour of Right Theft 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right

Mistake of Fact

  Mistake of Fact and consent Thoughts re: Mistake of Fact w.r.t. consent Mistake of fact: 265 (1) A person commits an assault when (a) without the consent

Admissibility of 911 recordings

911 Recordings Hearsay is presumtively inadmissible. 911 tapes are generally admissible because they fall under the res gestae exception. Alternatively, 911 tapes may also be

Right to Counsel

Right to Counsel Implementational Duties   In considering right to counsel, R v Street, 2016 SKPC 7, provides interesting insight into the nature of implementational duties

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Uttering Threats

Uttering Threats 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death

Recollection and Demeanour Evidence

I took these articles from Alan Gold’s February 8, 2016 weekley newsletter. assessing evidence. demenour. recollection.   Evidence based on recollection 15.An obvious difficulty which

Approved Screening Devices

Approved Screening Device Calibration Logs For many years I have been thinking about ways to challenge approved screening devices “ASD”.  In R. v. Black 2011