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CLY (2008)

R v CLY: The Soft-Boiled Egg of R v W(D)

Amongst the most difficult cases for the criminal justice system are those where there is no evidence of criminal conduct independent from the victim and where the defence position is simply a denial. Of course, confirmation of the complainant’s evidence is not essential for a conviction, nor does the criminal burden of proof allow for […]

Getting "Beyond a Reasonable Doubt": R v CLY

The Supreme Court of Canada's ("SCC") recent decision in R v CLY, 2008 SCC 2, should help clarify some of the substantive implications of the standard burden of proof in criminal proceedings. True to form, however, the court's judgment in CLY - a unanimous decision, but one punctuated by conflicting concurring reasons - has also […]