Legal Question in Criminal Law in Canada

I have someone that is threatening me in regards to my 2 sons death in Winnipeg Manitoba Canada in the year 1981. She wasn't there when all this happened. But she is telling me she is having the case reopened.There were no criminal charges laid at the time. She says she has obtained information in regards to this this tragedy that proves otherwise. She doesn't say where she got this information from. My questions are:Can she have this this reopened and looked at in a criminal sense? 2: can she obtained information from the police without my knowledge?

I should add she is i what the old saying goes a woman scorned? She has slept with my ex husband and my oldest son. Thank you for your help in this matter


Asked on 12/10/09, 6:29 am

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

In theory, in Canada, there are no time limits on the prosecution of most serious cases. Practically speaking, while less serious matters will not be prosecuted, after the passage of a long period of time, even when the case can be proved, serious matters like murder, will be pursued, if the evidence is there.

If there was never a prosecution, then the police are free to open, close and reopen an investigation as they see fit. The police will do so on the basis of their assessment of the quality of the evidence they have. The quality of the evidence from any particular witness will be assessed on the basis of the police determination of that witness's credibility. If a witness is just repeating what the police have heard before, they are not going to give it very much weight. If the witness is giving them something knew that the police see as significant, they will or should follow up. It could lead to a dead end or to a new path to solve the case. Anything can happen in an investigation.

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Answered on 12/11/09, 10:09 am


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