What are My Rights Upon Arrest?
4 Important Rights Upon Arrest Once a person has been arrested and charged with a criminal offence, there are several rights that are triggered under the Canadian Charter of Rights and Freedoms. Some of these rights that are triggered have immediate implications. The following is some basic information about 4 rights upon arrest that you […]
Roadside Breath Tests
When can the Police Demand a Roadside Breath Test? The simple answer is that a police officer only needs to form a reasonable suspicion that you have recently consumed alcohol to demand that you provide a breath sample. The specific section of the Criminal Code of Canada that deals with providing a breath sample is […]
Drinking and Boating
A conviction for impaired driving or over 80 is not reserved for circumstances involving motor vehicles. A person can receive a conviction for impaired driving or over 80 if he or she operates, or is in care and control of any boating vessel, aircraft or railway equipment. Given the vast number of lakes located not […]
Extra Judicial Sanctions: Diversion for Youth
What Is Diversion? In some circumstances, diversion may be available for individuals who have been charged with minor criminal offences for the first time. Diversion is a way of dealing with criminal charges where the accused person does not end up with a criminal conviction. Although not limited to the following options, diversion usually involves […]
Defending Assault Charges
Criminal assault charges are taken very seriously by our courts and can result in result in a jail sentence in many circumstances. A conviction for assault can also have a serious impact on a person’s future. The penalty you can receive and the impact an assault conviction can have on your future are only two […]
Law-Abiding Citizen Criteria for Criminal Record Suspensions
Criminal Record Suspensions Has the Government gone too far in responding to public concerns about criminal record suspensions? It would appear so. You may be surprised to know exactly what can be relied upon by the Parole Board of Canada when determining whether you should be granted or denied a criminal record suspension. One of […]
Lawyer Trust Accounts
The Toronto Star recently published a set of articles on their investigation with respect to lawyers who misappropriated client trust funds. An issue raised in these articles is whether the Law Society of Upper Canada should be reporting to the police those lawyers who are stealing client trust funds. Any time there are allegations of […]
Threatening Criminal Charges is Extortion
What is Extortion? Extortion, commonly referred to as blackmail, is a criminal offence under section 346 of the Criminal Code of Canada. While extortion is a serious criminal offence, it is not one of the more common offences that you will see in our criminal courts. This may help to explain why there is not […]
Lying to the Police or the Court
What can happen if I’m caught Lying to the Police or the Court? It is never a good idea to lie to the police or the Court. People in general do not appreciate being lied to, and the police and Judges are no exception. If you are caught lying to the police or the Court, do not expect any sympathy, […]
Representing Guilty Clients
Representing Guilty Clients How can you represent people who you know are guilty? It is a question every criminal defence lawyer has been asked on more than one occasion. I know I was asked this question even before I became a criminal defence lawyer, back when I first expressed an interest in practicing criminal law. […]