Criminal Law

nobbie48

Well-known member
Site Supporter
While checking some facts I read our Charter of Rights (1981)


I'm confused as I thought double jeopardy was an American thing.

11. (h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

The Guy Paul Morin case was the second major wrongful conviction case to occur in the modern era of the Canadian criminal justice system. The case was riddled with official errors — from inaccurate eyewitness testimony and police tunnel vision, to scientific bungling and the suppression of evidence. Morin had been acquitted of the murder of nine-year-old Christine Jessop in 1986, only to be found guilty at a retrial in 1992. He was cleared by DNA evidence in 1995 and received $1.25 million in compensation. In 2020, DNA evidence identified Calvin Hoover, a Jessop family friend who died in 2015, as the real killer.
 
Wasn't Mr. Morin's acquittal appealed by the crown.
Either side has 6 months to appeal a judicial decision.
An appeal is hearing the same case again. Double jeopardy is when they want a new case against you.
 
Wasn't Mr. Morin's acquittal appealed by the crown.
Either side has 6 months to appeal a judicial decision.
An appeal is hearing the same case again. Double jeopardy is when they want a new case against you.
Which, if I read 11h correctly is a no-no.
 
Mmmm no I don’t think you’re reading it correctly.

🙂
Explain the meaning of the first part of 11 h.

“If finally acquitted of the offense, not to be tried for it again.”

Are we arguing a difference between acquitted and “Not guilty”?

Apparently the Scots have a term “Not proven”. In other words, we know you did it but can’t prove it.
 
to me, it reads as when the final appeals process has completed.
It sounds truly Canadian. A constitution full of exceptions and loopholes.

Personally I don’t like a wide open double jeopardy clause. The comparison between O J Simpson and Guy Paul Moran should have positions reversed.
 

Back
Top Bottom