The Ontario Superior Court of Justice released a decision in R. v. Elliott this week, where two female
complainants alleged Criminal Harassment under Section 264 of the Criminal Code based on exchanges over Twitter.
Not exact matches
The New Brunswick Court of Queen's Bench recently admitted into a
criminal case screenshots of a Facebook conversation that took place the day after an
alleged sexual assault between the
complainant and the accused.
Justice Moldaver then turns to what is described as practical considerations for law enforcement and the administration of justice, at paras. 183 - 6, suggesting that (a) the disclosure of text messages received by a
complainant could be challenged by a sender who is
alleged to have abused the
complainant and thus exposes vulnerable
complainants such as children, people with mental disabilities and the elderly (b) the increased need for warrants could strain police and judicial resources in an overburdened
criminal justice system and (c) at the trial stage, these repercussions could complicate and prolong proceedings where defendants have standing to challenge searches conducted against collateral targets in large prosecutions.
Section 276 (1) of the
Criminal Code states that the defendant in a sexual assault trial can not admit evidence relating to the
complainants past sexual history to prove that the
complainant likely consented to the sexual activity
alleged in the charge or to show that the complaint is untrustworthy or lacks veracity.
In the Application, the
complainant detailed the
alleged abuse and the fact that H.K. was charged with various
criminal offences.
Complainant alleged that she was assaulted and had her phone thrown away by P.F.
Criminal defence lawyer Christopher Assie was retained.
The client was charged with
criminal harassment, mischief, and sending harassing communications after the
complainant alleged that she had been contact upwards of 20 times daily by the client.
Far from trying to «silence the
alleged victims or suppress the investigation of non-consensual acts», I'd much rather that they be talking to the police, and that the police be investigating the
alleged acts (using the considerable tools at their disposal — including the threat of
criminal charges for those making false allegations — to get to the truth), then to have this drama play out in private discussions between the
complainants and the CBC, Mr. Ghomeshi's friends or the Toronto Star, and in civil and labour disputes between the CBC and Mr. Ghomeshi, and whomever else he might choose to sue down the road.
For negotiations,
criminal lawyers have the option to seek to settle misdemeanor assault (not involving
alleged domestic assault) directly with the civilian
complainant and seeking the court's agreement to any agreed dismissal, which procedure bypasses the prosecutor.