Chris Sewrattan Profile picture
Criminal lawyer. Toronto director @ClaOntario
Dec 3, 2021 5 tweets 2 min read
R. v. Alexis-McLymont, 2021 ONCA 858 at para 22: A jury that is considering only circumstantial evidence for a charge does not necessarily have to be told that guilt must be the only reasonable inference… I am confused about another aspect of the decision. To be fair, though, I haven't done any research on the topic.
Nov 23, 2021 4 tweets 1 min read
R. v. D.Q., 2021 ONCA 827: No harm, no foul. The Crown can rely on the proviso to cure a procedural irregularity where there is no prejudice to the accused person.… Without having done any research, I'm not sure that excluding the accused person from their own trial is actually a procedural regularity. It seems like an error of law; that law is s. 650(1) of the Code. If (big If) I'm right and this really is an error of law...
Oct 17, 2021 12 tweets 3 min read
R. v. Khill, 2021 SCC 37: The phrase “the person’s role in the incident” in Canada's self-defence law casts a wide net. It refers to all of the accused’s conduct during the course of the incident that is relevant to whether their defence was reasonable.… The victim in this case was an Indigenous man. That's not in the decision.
Oct 12, 2021 9 tweets 2 min read
R. v. Morris, 2021 ONCA 680: How trial judges should consider evidence of anti-Black racism on sentencing. I can't add much to Reakash's analysis. Here are smaller thoughts.… Morris doesn't really say anything new. Defence lawyers should provide the sentencing judge with a detailed report on how anti-black racism impacted their client. The judge should consider whether this ⬇️ the client's blameworthiness and ⬆️the need for rehabilitation.
May 21, 2021 5 tweets 1 min read
R. v. Marshall, 2021 ONCA 344 at paras. 51-52: Summers credit deducts from the sentence. Duncan credit shapes the sentence.… Looked at in a practical way, an aggravating circumstance can reduce Duncan credit, but it cannot reduce Summers credit.