Types of Sexual Assault Charges in Ontario The Criminal Code of Canada defines sexual assault based on three main elements. First, the assailant applies intentional force on the victim. Second, they apply this force without the victim’s consent. Third, they apply this...
FAQ
Frequently Asked Questions
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FAQs By Category
Can I be convicted of domestic violence for making a threat in Ontario?
Yes. In Ontario, the law recognizes that domestic violence can extend beyond just physical violence. Merely making threats of violence within a domestic relationship can result in a criminal charge. The police can and will arrest people based only on uttering a...
What are the different sentences that can be served after a trial?
Sentences don’t necessarily mean that you will get imprisoned in jail. Depending on the findings of the court and the decision of the judge, an accused person can receive a variety of sentences, not all necessarily resulting in a criminal record. The different...
What sentences don’t result in a criminal record?
An accused person may be acquitted after the trial if there is not enough evidence proving the person’s guilt. A Stay of Proceedings happens when the parties cannot determine the merits of the case, usually because of an unfair procedure such as a violation of Charter...
Is it possible to get a pardon(now called a “record suspension”)?
The chance of getting a record suspension after getting convicted due to a criminal offense depends on the type of the offence, whether it was summary or indictable, and how severe the sentence given to you was. The organization that grants pardons is the National...
How do I get into a Diversion Program?
Sometimes an accused may enter a diversion program as a condition to get out of a sentence. These diversion programs are available to assist criminal offenders in getting back on track with their lives. Such programs include Drug Treatment Court, Extrajudicial...
What are the differences between Indictable and Summary Conviction Offences
Criminal offences in Canada are divided into three unique categories. If you’ve been charged with a crime, depending on the circumstances, your case will either be classified as a summary conviction offence, indictable offence, or hybrid offence. Each classification...
What is an appeal?
Sometimes, an accused person is not satisfied with the outcome of a particular trial. In some cases, the person can apply for an appeal at a higher court. The court will review the trial’s fairness and correctness and check the way it was conducted by the court. A...
What are the procedures of an appeal?
The issue of an appeal is actually whether the law was executed properly by the justice and whether the decision that the justice arrived at was the one that the justice was entitled to make. It is not really a repeated trial of the case. No new evidence or witnesses...
What is an indictable appeal?
An Indictable appeal is reviewed at the Court of Appeals of the given jurisdiction and is presented in front of three judges. Indictable appeals are more reserved for serious matters, wherein the Crown may prefer to proceed to the trial by way of indictment. Contact...
What is a factum?
In order to understand all the facets of the case being appealed, a broad and full outline of all existing facts and arguments called a Factum is required in the courtroom while the hearing of the appeal is undergoing. This factum has to be prepared ahead of time,...
What happens when an appeal is successful?
If the appeal court agrees to the appeal, then a number of things may be affected. Depending on the situation, a successful appeal may bring the judge to order a new trial, at which time the previous conviction is set aside and sometimes even withdrawn. In some rare...
What is a summary conviction appeal?
A summary conviction appeal reviews the decision of the trial judge in a minor summary conviction matter such as a domestic assault, impaired driving, theft under $5,000, etc. This type of appeal is made in front of a single judge at the Superior Court of Justice of...
What is the duration and time limit of an appeal?
An accused person can start appealing immediately after conviction, whether it is a summary conviction appeal or an indictable appeal. The appeal must be started immediately because 30 days after the initial sentencing, the accused may not be allowed to submit an...
Can an accused person get bail during an appeal?
A bail pending appeal may be requested upon the fulfillment of the following conditions: The appeal has the possibility of succeeding The release pending appeal for the accused is not contrary to the public interest The accused is willing to submit him or herself on...
Can I ask for help from my friend who is a police officer?
Even if he is your friend, he is also a police officer whose primary job is to look for evidence against criminal offenders. While it is true that he may know the ins and outs of the judicial system in which you may soon find yourself, he can’t really help you. It can...
How can obstruction be proven by the Crown Lawyer?
First of all, the Crown must prove that the police officer was doing his job and acting pursuant to a lawful purpose. Once this has been proven, it must be shown that the accused person was able to successfully keep the police officer from carrying out the officer’s...
Can an accused person simply talk to the police to prove his innocence?
No matter how well you think you can talk, it is very risky to try to talk your way out of trouble when you are dealing with the police. When dealing with the police, it is always best to be patient and deal with them politely. However, if you feel that you are not at...
If I get arrested, will I only be allowed to make one phone call?
This is not necessarily true, as the Charter of Rights itself defends and guarantees your right to counsel. You have the right to obtain legal advice and find a good lawyer to represent you and, as long as your attempts to contact one is genuine, you can make as many...
Am I required to have my fingerprints and photographs taken after an arrest?
As stated in the Identification of Criminals Act, you will be required by the police to attend a scheduled appointment wherein your fingerprints, as well as your photographs, will be taken. All this information will be added to the Canadian Police Information Center...
How do you define obstruction of police charges?
The duty of a police officer is to investigate any complaints of criminal offenses and such. If a person in any way intentionally obstructs or makes it more difficult for the police to act upon a lawful purpose, this action can be considered a criminal offense in...
Is there a chance for me to talk to the police off the record?
It is better that you don’t talk to the police without legal counsel and especially to discuss matters that are off the record. The police officer may instead use what you said against you as he is not required to honor such informal agreements. Remember that the job...
What is the CPIC?
The Canadian Police Information Centre (CPIC) is an essential tool for law enforcement agencies. It links police services all over Canada. Managed by the Royal Canadian Mounted Police (RCMP), this system helps with criminal record checks and includes data from the...
What is the punishment for obstruction?
Depending on the gravity of the obstruction and how serious the information was needed for the case, a criminal offence of obstruction may result in a fine, a probationary sentence, or even a criminal record, as well as a given period in jail.
Where do the police usually arrest people?
The police can arrest you anywhere and everywhere you may go. Sometimes they may even arrest you when you are at work or in school. This is a technique that they commonly use to obtain information that they can use against you. Before you think you are about to be...
A police officer called me and left a message asking me to call them back. Should I do it?
You are not recommended to call the police back just yet. At this point, they might already be considering you a suspect of a criminal case. Before you proceed, it is better to consult with a criminal lawyer first to determine what you are supposed to say to the...
Is it considered obstruction if a person refuses to provide identification or provides false identification?
The context of the situation is important in determining if a person committed obstruction by way of not providing truthful identification. In some cases, the providing of identification may prove irrelevant to the case, so the police officer had no right to ask for a...
Could I be charged with drug trafficking if I carry drugs in or out of Canada?
Yes, and the consequences are some of the most severe under Canadian law. A person caught carrying a Schedule I drug could face life imprisonment—even for a first offence. If you have been charged with possession of a large quantity of drugs, it’s vital to speak to...
What is the Ontario Domestic Assault Risk Assessment (ODARA)?
The Domestic Assault Risk Assessment (ODARA) is a tool used to determine the likelihood that someone who has already assaulted a former or current intimate or dating partner in a heterosexual relationship will do it again. In this context, "intimate partner" may refer...
What is domestic mischief?
Mischief is an offence under Part XI of the Criminal Code of Canada. It includes acts like damaging property (vandalism), interfering with electronic data, and mischief causing danger to someone’s life. Section 430 of the Criminal Code reads as follows: 430 (1)...
Can I visit my children if I’m on bail for domestic violence?
You may be able to visit your children if you are on bail for a domestic violence charge. The court always considers what is in the child's best interest when making decisions about access. When there has been a domestic assault charge, the courts might allow the...
What if my partner does not want to press charges?
You may have heard the term “pressing charges” long before being arrested for domestic violence. As you await trial, you may be hoping that the police will eventually have to drop the criminal charge because the accuser doesn’t want to press charges—and the...
Will I go to jail for a domestic assault charge if I am a first-time offender?
In Canada, a charge of domestic assault differs from a simple assault offence. Assault on a family or household member is considered an “aggravating factor” during sentencing for defendants who are convicted, making the potential penalties more...
Do I need a lawyer to help me if I’m charged with impaired driving in Toronto?
Yes, you should talk to a lawyer after any DUI arrest. The legal system in Ontario is very complex when it comes to impaired driving and DUI charges. While alcohol is the basis for many DUI charges, impaired driving also includes the impairment of the ability...
Can I defend myself in Ontario against a DUI charge without hiring a lawyer?
Putting it simply, yes, you can defend yourself in court. But just because you can do something doesn’t mean you should do it. Acting as your own defence in an Ontario DUI case may not lead to the best outcome. Even if you think you can do all the steps, you likely...
Will I lose my commercial driving certificate after a drunk driving conviction?
The short answer is that it’s possible you may lose your commercial vehicle operator’s registration (CVOR) certificate if you are convicted of impaired driving. If driving is how you make a living, it’s vital that you contact a DUI defence lawyer as soon as possible...
How much will it cost to get an ignition interlock device in Ontario?
Drivers convicted of impaired driving under the Criminal Code of Canada or who have had driving privileges suspended three times (or more) within ten years for impaired driving will be ordered to participate in the Ignition Interlock Program. An Ignition...
Should I refuse an approved roadside screening test or an Intoxilyzer test if I’m pulled over for drunk driving?
No. If you are stopped by police and asked to provide a breath sample at the roadside or at the police station or any other location, such as a hospital, you are legally required to provide one. Failing or refusing to comply with a breath demand is a serious criminal...
Frequently Asked Questions About DUI Criminal Trials
Will an accused person have to testify in his own trial? It is not required for a person who is accused of the crime to personally testify for him or herself, and no one has the right to force an accused person to testify. An accused has the right to remain silent and...
Frequently Asked Questions About Impaired Driving
What is an Impaired Driving offence? Definition This charge is found under section 253(1)(a) of the Criminal Code. In order to be found guilty, the Crown must be able to prove beyond a reasonable doubt that a person’s ability to operate a motor vehicle was impaired by...
When is a breathalyzer or intoxilyzer test performed?
The police will make a breath demand when a person is exhibiting obvious signs of impairment. For example, when a person who is flagged over by a R.I.D.E. program is slurring their speech, there is an odour of alcohol on their breath, they are unsteady on their feet,...
What should I do if I’m charged with child luring in Ontario?
Facing possible charges of child luring in Ontario is a very serious matter. If convicted, you could face years in jail. There is also a severe stigma surrounding crimes involving children. A conviction can permanently damage your reputation. That is why it is...
Can I submit an accuser’s medical records as evidence in a sexual assault case?
Privacy is a major consideration in court proceedings, but there are some cases where protected information may be used in court. If you think your accuser's private health information could help your case, it will take the help of a sexual assault defence...
How does a weapon affect sentencing for sexual assault?
Under Canadian law, any crime committed forcibly or with the use of a weapon is subject to increased criminal penalties. In a sexual assault case, it's irrelevant whether a defendant actually used the weapon in committing the offence. If you were carrying a weapon or...
What is the minimum sentence for sexual assault in Ontario?
The crime of sexual assault encompasses a number of actions, ranging from unwanted touching to forced intercourse. The sentences that a judge can impose in a sexual assault case also vary, depending on the seriousness of the offence. Under the Criminal Code, sexual...
What’s the best defence against a charge of sexual interference?
Under Canadian law, sexual interference is a sexual assault where the victim is under 16 years of age. Sixteen is the age of consent. Definition of Sexual Interference Section 151 of the Criminal Code of Canada defines sexual interference as:Every person who, for...
What is proof beyond a reasonable doubt in a sexual assault case?
In a Canadian criminal case such as sexual assault, the Crown has the burden of proof. It must prove beyond a reasonable doubt that the accused person is guilty. An accused person does not have to prove anything. The accused person is considered innocent until proven...
What is sexual exploitation?
Sexual exploitation is a criminal offence under the Criminal Code of Canada (“Criminal Code”). Under Section 153 of the Criminal Code, adults can be charged with this crime for sexual activity with someone who is 16 or 17 years old. Age of Consent in...
Frequently Asked Questions About Sexual Assault
What is considered Sexual Assault? Sexual Assault is any act that violates the victim’s sexual integrity. Sexual assault is non-consensual and does not depend on any specific part of the human body. A non-consensual sexual act is anything that lacks consent—or the...
What does it mean if criminal charges are dropped or dismissed in Ontario?
With Ontario criminal charges, your case doesn’t always go to trial where a judge or jury would decide if you are guilty or not guilty. The best possible outcome for a person facing a criminal charge is to convince the Crown Attorney to withdraw the charge as...
What is a Criminal Charge and why do I have one?
A Criminal charge is a way for the court to formalize allegations against you that they have reason to believe that you committed a crime listed in the Criminal Code of Canada. This is the way a court proceeding usually begins. When you have a criminal charge, the...
Will a teenager who has been accused of a criminal offence need a lawyer?
Contrary to popular belief, a minor’s criminal findings of guilt will stay with that minor until he has passed a specified “Non-disclosure period” without any other offenses. A young person’s records do not simply disappear once that youth turns 18. This may be a...
What is a Criminal Record?
A Criminal Record is a list of convictions for each and every person who has already been convicted due to criminal offences they have committed. It does not contain a list of those who have been formally discharged by court. Conditional charges are also kept in the...
Is it possible to get a copy of an accused person’s criminal record?
There are steps an accused person could perform in order to obtain a criminal record. You can seek the counsel of your lawyer to get an idea of what the process could be like.
What is a bail hearing?
After the arrest of an accused person, the police may hold the accused for what is called a bail hearing or a show cause hearing. This hearing leaves the Court to determine if the accused person could be released before the trial. They will base their decision on the...
Isn’t it better to just plead guilty and not spend so much time and effort in court?
No! Think of the possible consequences of getting a criminal record. It will affect your professional life and, if you ever have to find work again, not a lot of companies will accept ex-convicts as employees. Your relationships will also be greatly affected,...
What are my rights in the face of criminal charges in Ontario?
Under the Canadian Charter of Rights, you are entitled to the following: Right to Silence This is guaranteed by section 7 of the Charter of Rights. It basically means that any person can either speak or remain silent, according to his proper judgment and that a person...
Can an accused person still be released after being arrested?
After an accused person is held in custody for a criminal charge, they can still be released from the police station as long as they are given a document. Most of the time, this is the “Promise to Appear,” and it will contain the time, date, and place of the person’s...
Can I discuss my case with my family?
If you are an alleged suspect in a criminal case, it is not a good idea to disclose pertinent details regarding your case even to family members and close friends. They may only be utilized by the police for their case against you, and they may even use them as...
Before I first meet my lawyer, what are the things that I will need to furnish for him?
It is important that your lawyer knows everything that’s going on in this case. Therefore, you should give your lawyer all pertinent documents and papers that can be relevant as evidence in your case. If you know any possible witnesses, it is always best to make a...
Is it considered obstruction if a person refuses to provide identification or provides false identification?
Yes, providing a false name, false identification, or lying to the police about the cirumstances of a crime is considered obstructing a peace officer or obstruction of justice. This however does depend on the specific circumstances surrounding the interaction,...
Is it possible to alter existing bail conditions after being released from custody?
As long as there is a valid reason, such as driving in order to get to work, you should be able to alter the agreed-upon bail conditions with the Crown consenting to the change. For example, you were released from custody with the condition of a driving curfew, but...
What are my rights as protected by the law?
Every person has rights that are guaranteed by the Canadian Charter of Rights and Freedoms, which limits what can be done against persons, even alleged criminal offenders. This should be considered as a guideline for you to make sure that you are receiving fair and...
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