In our blog, our lawyers dig into the finer points of the criminal justice system, helping defendants understand the charges against them and what can happen after conviction. Learn more about the challenges, evidence, and legal factors involved in your criminal defence.
Serious Allegations With Life-Changing Impact The term “workplace” includes places like offices and retail stores. It also includes colleges and universities, non-profits, and government organizations. When someone is accused of sexual assault in a Toronto workplace, the allegation [...]
The Partner Assault Response (PAR) program plays a vital role in addressing domestic assault charges. It helps to promote healthier relationships by getting at the root causes of domestic violence. PAR is an educational program that serves as an [...]
You get into a heated argument with your spouse. Overhearing this, your neighbour calls the police to report a domestic disturbance. The officers arrive. The next thing you know, you're back at the police station getting booked on domestic [...]
The evidence that the police gather during an investigation can encompass a wide range of sources, including witness statements, the gathering and examination of physical objects, the relationship between people, places, and objects, the chronology of the events, forensic [...]
Under Criminal Code s. 155(1), incest is defined as having sexual intercourse with someone who is a "parent, child, brother, sister, grandparent or grandchild." The definition of brother and sister also includes half-brothers and half-sisters. To fit the description of [...]
Sexual interference and invitation to sexual touching are types of sexual assault charges that apply to adult interactions with children under the age of 16. They carry serious penalties, and if you are charged, you should fight the charges with a [...]
Sex abuse cases can be dealt with as criminal or civil matters, and some end up in both court systems. There are some significant differences between the two. While they both impact your reputation, a criminal conviction can put [...]
Most people are familiar with the criminal offence of sexual assault. However, this is not the only sexual offence in the Criminal Code of Canada. Two other related sexual offences are invitation to sexual touching and sexual interference. We will provide more [...]
In a sexual assault case, conviction depends on the question of consent. Typically, the judge or jury must decide whether a victim gave consent for sexual acts. While this is usually a yes-or-no question, there is a third option available in [...]
Consent is a vital factor in a sexual assault case. However, sometimes the question isn’t whether consent was given, but if the alleged victim was able to give consent. If the alleged victim was underage, it won’t matter if they agreed to [...]
A recent article in The Globe and Mail reviewed studies that found that between 2013 and 2017, there was an increase in sexual assaults on public transit. The article highlights stories from women who were subjected to targeted masturbation, up-skirt photos, and [...]
The Sexual Assault Centre in Hamilton and Area (SACHA) reports that there are over 460,000 assaults of a sexual nature in Canada annually. It seems barely a week passes before a news story reports inappropriate sexual conduct in Hollywood [...]
As with many other countries, the Canadian definition of sexual assault is broad. It encompasses any sexual activity that is unwanted. In addition to rape, this includes oral sex, fondling, kissing, and grabbing. It goes without saying that physical [...]
The term “sexual assault” is used to refer to all incidents of unwanted contact of a sexual nature. Its scope encompasses more than just sexual intercourse that is non-consensual. Unwelcome fondling, kissing, touching and oral sex are also considered [...]
The crime of sexual assault is defined as an attack of a sexual nature that violates the sexual integrity of the victim. The assault, as held by the Supreme Court of Canada, is not entirely dependent on physical contact [...]
Being accused of sexual assault or arrested for any type of sexual crime is unlike any other criminal offence. Allegations, whether true or false, may cost you your community standing, your job, your liberty and possibly your relationship with [...]
When it comes to sexual offences committed against minors, an occasional defence used is being mistaken about their age. For this defence to be effective, the accused must have ensured they took every reasonable step to establish the age [...]
As set out in Section 271 of the Criminal Code, the crime of sexual assault encompasses any physical contact of a sexual nature between two individuals that is non-consensual. To address the prevalence of the offence in Canada, the crime has a [...]
Unfortunately, some unscrupulous people think it is acceptable to intentionally get someone high or drunk before engaging in sexual activity. Sexual assault that is facilitated by drugs or alcohol can be defined as a crime in which the alleged [...]
Law Times – Criminal defence lawyer Mike Kruse, who frequently acts for clients charged with sexual assault, says guidance from the Supreme Court on relationship evidence would assist all parties in sexual assault cases. Click here for full story [...]
About 40% of Canadian women have reported experiencing some form of sexual assault. While anyone can be charged with sexual assault, 99% of accused sexual perpetrators are men. However, many perpetrators do not consider themselves as perpetrators. In fact, [...]
With the exception of Manitoba, the number of reported sexual assaults in Canada is on the rise. This does not necessarily mean that more sexual assaults are taking place, but it does mean that more individuals are reporting.The term “sexual assault” [...]
The recent wave of allegations of impropriety in Hollywood has given rise to an unprecedented focus on sexual assault. One of the effects of this rise is a reinvigorated attentiveness to the way universities and college campuses respond to [...]
Canada’s Criminal Code specifies what constitutes criminal offences and the procedures involved when handling those offences. Though some criminal laws are not covered under the Code, such as controlled substances and youth crimes, many other types of criminal acts are covered. One [...]
In the absence of physical evidence, one of the biggest challenges during a sexual assault trial is separating fact from fiction. Also present is the delicate balance of encouraging victims to report the crime and ensuring false accusations or [...]
A false allegation of sexual assault can have a devastating effect on a person and his or her family. Unfortunately, there are a few possible circumstances in which an individual can find him or herself in this nightmarish scenario: [...]
Virtually any crime or offence of a sexual nature is quite serious. One of the significant consequences related to a conviction involving a sexual crime is sex offender registration in the National Sex Offender Registry. Ontario also maintains the Ontario Sex Offender [...]
In relationships, how do you know if someone has the potential to be abusive? You do not—according to the National Coalition against Domestic Violence, most abusers actually appear to be “perfectly normal” at the beginning stages of the relationship [...]
You might be familiar with a device called a breathalyzer which was used for many years in Canada to determine if drivers were over the legal limit of alcohol in their bloodstream ("legal limit"). Essentially, when the police had [...]
You’ve been charged with driving under the influence (DUI) in the Greater Toronto Area. You failed the alcotest breath sampe at the scene and then failed the Intoxilyzer breath tests at the police station. So, it’s an open-and-shut case, [...]
While any impaired driving charge could severely limit your freedom and options for the future, you face even harsher penalties for a repeat offence. If you're facing a second drunk driving conviction in Ontario, you need a who will [...]
Fully-licenced drivers over age 21 can commonly avoid drunk driving charges if they have a low amount of alcohol in their blood. However, young drivers can be arrested and charged with a drunk driving offence if they have any [...]
While it’s true that the Canadian government and Ontario law enforcement agencies have a zero-tolerance policy when it comes to impaired drivers, that doesn’t mean all is lost if you are charged with a DUI. With the help of [...]
What should you do if the police formally demand that you provide a breath sample once you are taken to the station or a hospital? The short answer is that you should comply with the request. The police have [...]
When you are stopped by police in Ontario on suspicion of driving under the influence of alcohol, it’s usually a good idea to provide a breath sample to the police if they demand you provide a breath sample. Not [...]
Federal and provincial laws impose strict penalties for operating a vehicle while under the influence of an intoxicating substance. While many of these laws were created to prevent drinking and driving, police officers can also arrest drivers who show signs of [...]
If you have been pulled over for suspected drunk driving in Canada, you should know that police officers have to follow specific procedures when making an arrest and gathering evidence. One of these is administering an approved roadside screening test, [...]
An accusation of domestic violence can cause significant disruption to your life even before your case goes to court. When speaking to your domestic assault defence lawyer about what to do next, you should consider when and why these cases may [...]
It's possible to be released on bail while you await your court date for a domestic assault charge. However, police officers and Crown prosecutors will have to examine several factors before granting bail to ensure you don't pose a threat to [...]
Spousal abuse is a class of offence in which one spouse is assaulted by the other. A habitual pattern of spousal assault is particularly damaging because of the physical and emotional damage accumulated over time. Though the legal foundation [...]
Under the Criminal Code of Canada, a charge of fraud can be brought for any act of deceit, falsehood, or other fraudulent means intended to “deprive the public or a specific person of money, property, services, or valuable security.” [...]
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 Pharmaceuticals Canada, fentanyl is [...]
terms of use and arrests in Southwestern Ontario. In London, Ontario, in particular, four times as much crystal meth was seized by police in 2015 than in 2013, the last year for which statistics were gathered. A representative of [...]
We see it in the movies all the time; the police knocking on a door and then barging in with a battering ram accompanied by a tactical SWAT team all dressed in dark colors. In real life what we [...]
The Canadian Charter of Rights and Freedoms guarantees a person will not be held in jail to await their trial or resolution of their case, without just cause. During a bail hearing, the crown prosecutor will present evidence and attempt to [...]
The restrictions following a sexual assault case in Ontario will vary based on several factors. The court ruling depends on the severity of the offence, prior convictions, and the particular circumstances of the individual case. However, when someone is [...]
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