Showing posts under All Categories
What To Do If Accused Of Sexual Assault
If you are reeling after an accusation and wondering what to do if falsely accused of sexual assault, you’re right to be concerned. A conviction for sexual assault will usually result in a lengthy jail term and have lifelong repercussions, including difficulty...
What Is Considered Sexual Assault?
Although sexual assault has been getting a lot of widespread media attention and there have been plenty of public conversations surrounding it, the official definition of sexual assault, according to the law, isn’t always clear. Many people may still have...
Minimum Sentence Sexual Assault Canada
Sexual assault cases can be emotionally draining and complicated. Also, the minimum sentence for sexual assault in Canada ranges widely depending on the nature and extent of the crime. Here we’ll look at “simple sexual assault” AKA “sexual assault simpliciter” and...
Domestic Violence vs Assault
While the injuries may be the same, the law views domestic violence and assault differently. An assault on someone with whom you have an established and intimate relationship is treated differently than an assault on a stranger. When individuals trust one another and...
Penalty for Driving Under the Influence of Drugs
Because impaired driving is the leading criminal cause of death and injury in Canada, new drinking and driving laws for 2019 are harsher than ever before. Policy changes in 2016 added drug-impaired driving to drunk driving laws, enhancing the penalty for driving under...
What is a DUI Arrest?
For Canadian drivers wondering exactly what a DUI arrest is, it is important to understand the proper terminology first. A DUI is a criminal charge for operating a motor vehicle while under the influence of alcohol or a drug or having equal to or more than the legal...
Is Driving Under the Influence of Alcohol and/or a Drug an Indictable Offence in Canada?
Most people are surprised by the fact that the offences of impaired driving and exceeding the legal limit of blood alcohol concentration (“BAC”) are by far the most common types of criminal charges laid by the police in Canada. (both types of charges are also commonly...
What is the Best and Worst Case Scenario for My DUI?
The term ‘impaired driving’ is used when referring to the criminal offence of operating a motor vehicle while your ability to operate a motor vehicle is impaired by alcohol or a drug. If your ability to operate a motor vehicle is impaired by alcohol or a drug to any...
What are the Basic Types of Domestic Violence?
While there is no specific offence of family violence listed in the Canadian Criminal Code, acts of family violence are crimes in Canada. If you are convicted of a crime and it is determined that the crime you were engaged in was against a family member, then the...
DUI Charges Apply to More Than Alcohol
When we hear the term ‘driving under the influence,’ we usually think it applies to someone who has had too much to drink. However, it can also apply to people who have recently used marijuana or other drugs. While Canada recently legalized marijuana for adult...
Is Canada Experiencing a Fentanyl Crisis?
Recently, in Hamilton, a young man was charged with possession for the purpose of trafficking, possession of a controlled substance and possession of proceeds of crime under $5,000. He allegedly possessed fentanyl and purple fentanyl. According to Janssen...
How can I Protect My Personal Information from the Media in a Sexual Assault Case?
The media reports crimes that occur in all provinces, and there are no legal protections in Canada that protect you from having your name and certain facts about an alleged criminal charge listed in newspapers or on television. Having to deal with the usually...
Can I Keep Driving After A DUI Conviction?
Maintaining the ability to drive is critical to ensure individual freedom. Driving can be a mandatory part of your employment and can keep you connected to friends and family. However, if you have been arrested or convicted of driving while impaired, you should...
Can a Defendant in a Sexual Assault Case introduce Evidence of a Complainant’s prior Sexual Activities?
In a recent sexual assault case, the judge ruled that the complainant’s prior sexual activity is relevant and admissible, and the defendant had reason to question whether the complainant was motivated to accuse him of sexual assault in order to protect her...
Number of Accident Victims weighs heavily in Sentencing for Driver in Humboldt Broncos Bus Crash
When determining sentencing for a driving-related offence, a judge considers mitigating and aggravating factors, such as the driver’s past driving history and conduct during the accident. However, despite many mitigating factors for the driver responsible for the...
Ontario police force no longer ‘naming and shaming’ accused impaired drivers
In late 2018, York Regional Police began releasing the names of individuals charged with impaired driving. As reported by CTV, this move was out of hopes that the offenders' fame would make others report them if they attempted to drive while their license was...
Marijuana Offences – What’s Legal And What’s Not?
Possession of recreational marijuana officially became legal under Canada’s Cannabis Act on October 17, 2018. The Liberal government also recently announced that fast and free pardons will soon be available for persons who were convicted of simple marijuana possession...
Marijuana Legalization Leads To New Impaired Driving Legislation
Impaired driving is a term used to describe the crime of operating a motor vehicle while the operator’s ability to do so is impaired to any degree by alcohol or a drug. Section 320.14(1) (a)of the Criminal Code addresses impaired driving. The severity of the...
Facts About Sexual Assault
The most recent data published by Statistics Canada shows a decline in the number of total decisions in criminal charges involving sexual assault. 2011 to 2012 had 4,058 decisions. 2015 to 2016 had 2,839 decisions. The same period also shows a drop in the number of...
Drug Offences And The Opioid Crisis
Similar to the United States, Canada faces many challenges as it deals with drug trafficking and smuggling issues. In the U.S., a significant portion of drugs are smuggled into the country from South America, Mexico and the Caribbean. In Canada, illegal drugs also...
The Different Forms Of Theft
Fortunately for its residents, Canada is a country that has a great standard of living. Canadians enjoy the benefits of political stability and economic security that is envied by many. However, Canada is not perfect and crime still occurs here — particularly theft....
Types Of Assault
A violent act, particularly one committed in the heat of the moment, is a simple concept to understand. A person lets emotions override rational thought and acts irresponsibly. Once the situation has settled down and an individual has time to contemplate what...
Defending Charges of Spousal Assault
Intimate partner violence is a major health concern for the public not only for residents of Canada, but for people around the world. There is also a percentage of domestic assault allegations that are false, which has led to individuals being wrongly convicted and...
Can You Be Convicted of DUI Without a BAC Test?
Canada has new impaired driving laws that are now in effect. The penalties for drunk driving are not set in stone and may be dependent on different factors, including: The blood alcohol content of the driver Whether the driver was a novice, the operator of a...
Canadian Courts denounce Mandatory Minimum Sentencing for Sexual Offences
Several recent decisions in Canadian courts have found mandatory minimum sentences for various sexual-related offences, including possession of child pornography, to be inappropriate and in violation of an individual’s Charter rights. A key criticism of the mandatory...
The Distinction Between Assault Causing Bodily Harm and Aggravated Assault
In Canada, an assault that causes bodily harm results in a more severe offence and penalty than a simple charge of criminal assault. Section 267 of Canada’s Criminal Code defines assault causing bodily harm as a situation in which the application of force to another...
The Residual Effects of Drug Trafficking
Of all the drug offences in Canada, drug trafficking generally has the harshest penalties. The jail terms and fines are frequently much greater than those for distribution and possession. Under Canadian law, drug trafficking is not just limited to selling drugs, but...
How a Charge of Shoplifting Can Affect Your Life
Crimes and their subsequent punishments are separated by degrees. Not all criminal acts should have the same level of penalties. Therefore, the Criminal Code of Canada purposely makes a point of appropriately evaluating the scope and nature of a crime. For example,...
The Various Terms for Family Violence in Canada
Family violence is any type of neglect or abuse experienced by an adult or child at the hands of another family member or a person with whom the abused has an intimate relationship. The abuse does not have to be physical. It can be emotional or financial, as well....
The “Warn Range” for Impaired Driving in Ontario
Over the counter medications, certain prescription drugs, cannabis and other illegal substances can affect your reaction time, judgement, motor skills and coordination. Even in the smallest amount, drugs can impair your ability to operate a motor vehicle. Regardless...
