CONSTITUTIONAL ISSUES - Remedies for denial of rights - Costs

Law360 Canada (November 2, 2023, 7:04 AM EDT) -- Application by accused Amin for costs against the Crown following mistrial. Amin was charged with seven counts of sexual assault against three complainants. At the conclusion of the Crown’s closing statement, Amin sought a mistrial, which was granted. In granting the mistrial, the Crown was found to have committed numerous errors in its closing. In particular, the Crown made references on legally impermissible reasoning, invited the jury to speculate about the complainants’ sexual history, which could have led to improper reasoning based on myths and stereotypes, invited the jury to engage in propensity reasoning, and engaged in inflammatory rhetoric. The Crown also made comments about Amin’s attitude about women, the attitudes about women in places outside of Canada, and what was acceptable and legal in Canada. The accused was South Asian, and at trial, evidence was led about his country of origin, his immigration to Canada and his immigration status. Amin sought costs for the Crown’s errors and the use of racially inflammatory language....
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