The outcome of a criminal case often depends on the reliability and admissibility of evidence. What may seem convincing at first, can quickly unravel under scrutiny. A skilled Toronto criminal defence lawyer plays an important role in protecting the accused by testing the Crown’s case and ensuring only reliable and legally obtained evidence is considered.
Understanding the Disclosure Process The Crown’s duty to disclose all relevant evidence to the defence is an important feature of the Canadian justice system. This obligation stems from R v Stinchcombe and governs the disclosure of evidence in criminal prosecutions. The prosecution must provide everything in its possession, even if it may harm their case. Without proper disclosure, the accused can’t prepare a proper defence.
The “initial disclosure”, is only the start. It includes the results of a criminal investigation conducted by law enforcement, but it’s not definitive. Defence counsel must review the material to find gaps or missing evidence that may impact the case. A thoughtful defence lawyer will look for what has been omitted from the initial disclosure and will make precise requests for evidence and information that has been left out of the Crown’s disclsoure.
How Your Defence Team Scrutinizes Evidence
A thorough defence includes a strategic investigation:
- Forensic review: All forensic evidence in criminal trials, including DNA, fingerprints, and digital records, must be assessed. Defence lawyers examine procedural processes, including chain-of-custody protocols.
- Witness credibility: Witness testimony is not infallible. Through effective cross-examination strategies, a lawyer can reveal inconsistencies and biases or memory issues to demonstrate weaknesses in the witness’s reliability.
- Charter challenges: Canada’s Charter of Rights and Freedoms is a framework that provides all civilians with various protections. Section 8 protects against unreasonable search and seizure. Section 10 includes the right to counsel upon arrest. If evidence obtained violates these rights, a lawyer can bring a motion to exclude such evidence from trial.
- Independent experts: Defence lawyers may work with private investigators or expert witnesses to find new information or challenge the Crown’s findings.
Challenging the Prosecution’s Narrative
The Crown needs to prove guilt “beyond a reasonable doubt”. This criminal standard requires more than just presenting evidence. It requires a coherent and convincing narrative.
A Toronto criminal defence lawyer works to break down the prosecution’s version of events by pointing out weaknesses in evidence or presenting alternative interpretations. The defence then creates doubt, which may lead to an acquittal.
FAQs
What happens if the police don’t have a warrant in a criminal case?
If the police conduct a search without a warrant, the court will assess whether it violated Section 8 of the Canadian Charter of Rights and Freedoms. Improperly obtained evidence may be excluded from the case.
Can a lawyer get evidence thrown out of court?
Yes, a defence lawyer can challenge evidence through Charter applications or procedural arguments, which may lead to the exclusion of that evidence.
What is the difference between direct and circumstantial evidence in Ontario?
Direct evidence proves a fact directly (e.g. eyewitness testimony or surveillance footage). Circumstantial evidence requires logical inference to connect facts to a conclusion. Both are valid in court.
When should I contact a Toronto criminal defence lawyer regarding my disclosure?
An accused person should retain counsel before his first court date. It should be the lawyer and not the accused who makes disclosure requests. If an accused person tries to handle this process on his own, it usually leads to a bad start. Contact a lawyer as soon as possible so the lawyer can properly request disclosure, begin analyzing the evidence and building a defence strategy.
Contact An Experienced Criminal Defence Lawyer Today
A strong defence relies on a strategic investigation of the evidence. The smallest details matter, and unchallenged evidence can impact the case. Don’t let evidence in your case go unchallenged. Contact Robb MacDonald at (416) 315-1505 or visit our website to discuss your situation.
Disclaimer: This content is for educational purposes only and does not constitute legal advice.
