Showing posts under All Categories
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...
read moreWhat 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...
read moreDUI 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...
read moreIs 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...
read moreHow 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...
read moreCan 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...
read moreCan 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...
read moreNumber 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...
read moreOntario 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...
read moreMarijuana 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...
read moreMarijuana 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...
read moreFacts 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...
read moreDrug 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...
read moreThe 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....
read moreTypes 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...
read moreDefending 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...
read moreCan 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...
read moreCanadian 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...
read moreThe 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...
read moreThe 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...
read moreHow 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,...
read moreThe 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....
read moreThe “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...
read morePotential Penalties for Sexual Assault
In Canada, the crime of sexual assault covers a broad range of offences. The potential penalties if convicted may range from simple probation to a lengthy jail term. A sexual assault defence lawyer in Ontario can speak to you about your case if you are facing charges...
read moreUnderstanding Canada’s National Sex Offender Registry
To combat the prevalence of sexual assault in Canada, the Criminal Code has a wide definition of sexual assault that goes well beyond rape. It encompasses unwelcome sexual acts such as kissing, fondling, digital penetration, oral sex or touching someone in a sexual...
read moreProving Knowledge of an Illegal Drug
For the prosecution of a case involving drugs, the Crown must establish that the substance involved is actually a prohibited substance. This determination is made by adhering to the definitions set out in the Controlled Drug and Substances Act. A list of some of the...
read morePolice Are Now Authorized To Demand Breath Tests To Identify Drunk Drivers
Recent changes to drunk driving laws under Canada’s Criminal Code became effective in Bill C-46 on December 18th. The most noteworthy and controversial of these changes eroded the right for Canadians to be protected from unreasonable search and seizure under some...
read moreA Sexual Assault Conviction Doesn’t Necessarily Lead To A ‘dangerous Offender’ Designation
In a recent sexual assault trial, R. v. R.D., the judge was required to make a determination on two key issues: 1) whether the Kienapple principle applies to this case, given that the defendant faced multiple sexual charges which essentially applied to the same...
read moreHow Sexual Misconduct Differs From Sexual Assault
A recent CNN article, ‘This is Why People Hesitate to Report a Sexual Misconduct’, referenced the rape accusations against Bill Cosby as well as Christine Blasey Ford’s allegations that Judge Kavanaugh sexually assaulted her at a party when they were both students....
read moreSerious Drug Offences
There are many different criminal drug charges a person can face in Canada. These offences come with mandatory minimum penalties, and those are more severe when an aggravating factor in present. If you have been charged with a drug-related offence in Canada, you need...
read more