Oct 26, 2017 | Articles, Criminal Defence
Yes, you can give up your right to a having trial and plead guilty at any time – even after your trial date is set. That said, you should always talk to your lawyer or duty counsel (who advise you before a court hearing) about pleading guilty before you make this...
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Oct 16, 2017 | Articles, Criminal Defence
Absolutely. If French is your language of choice, and you have been charged with breaking a federal statute, Section 530 of the Criminal Code states that the accused in a criminal trial has the right to be tried in French. That section states, “On application by an...
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Sep 15, 2017 | In the Media
The Barrhaven teen hacker, who at the time of his arrest was 16 years old, was given a nine-month sentence on Thursday for the series of “swatting” incidents which caused disruptions in Canada and the United States. The teen, who is now 19 years old, has...
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Sep 11, 2017 | Articles, Criminal Records
How Do I Apply For a Pardon? A pardon is formally known in Canada as a record suspension. It is offered to those who were convicted of a criminal offense, but have completed their sentence and can demonstrate they are now law-abiding citizens. A pardon will keep...
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Aug 28, 2017 | Articles, Criminal Defence, Criminal Records
Is There a Benefit to Post-Charge Diversion? Yes. A post-charge diversion is a process where Crown prosecutors decide to put those who have committed a minor criminal offence into a diversion program where, upon successful completion, the charge will be withdrawn,...
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Jun 8, 2017 | Articles, Criminal Defence
I Was Charged with Mischief. Do I Need a Lawyer? The answer is you should hire a lawyer. A criminal conviction, even for something as minor as mischief under $5,000, could impact you in the future. A conviction for mischief, like any other offence, means that you...
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Mar 12, 2017 | Articles, Criminal Defence
What is a surety? A surety is someone who promises a judge or justice of the peace in court that they will look after someone who is accused of a crime while they are out on bail. This person also pledges or promises to pay money to the court through a bond. There are...
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Mar 12, 2017 | Articles, Criminal Defence
It’s fairly common to hear or read a new story in the media about somebody being charged for possession for the purpose of trafficking (P4P) drugs, especially if they were particularly creative in how they tried to get away with it. Recently, an Ottawa man was stopped...
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Jan 30, 2017 | Articles, In the Media
There is some dreadful news for those low-income earners who would ordinarily qualify for Legal Aid. Due to a $26 million deficit that the provincial agency that funds Legal Aid has run up, that agency, Legal Aid Ontario, will be cutting back the number of people who...
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Jan 25, 2017 | Articles, Criminal Defence, In the Media
In the case of the 18-year-old teen accused of calling in fake emergencies, Ottawa lawyer Joshua Clarke is set to argue his client’s constitutional rights to a speedy trial have been violated. The accused, who was 16 years old at the time of arrest, is now 18...
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Jan 13, 2017 | Articles
A common question that arises is what determines a charge of breaking and entering? And is often followed up by the question – What offences are similar to that? Before answering these, it’s worth looking at what breaking and entering actually is in Canadian law....
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Dec 6, 2016 | Articles
What Are the New Penalties for Drug Impaired Driving in Ontario? In Ontario, it used to be that the penalties for driving under the influence of drugs were less harsh than those for drunk driving. No longer. At the start of October, Ontario brought in tough new...
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Oct 21, 2016 | Articles
Halloween is just around the corner, and lots of ghouls and goblins will be out on the streets collecting candy. However, if you’re planning to pretend to practice any witchcraft on that date, our best legal advice to you is … don’t. Believe it or not, you can be...
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Oct 3, 2016 | Articles, Criminal Defence
When it comes to taking or stealing a vehicle, there are two types of “theft” in the Canadian Criminal Code. A “joyride”, which is not named as such in the Criminal Code and is a slang term, is when someone takes a vehicle such as a car or a boat and uses it without...
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Sep 23, 2016 | Articles, Criminal Defence, Uncategorised
There may be a fair amount of misconception out there when it comes to youth crimes and how old you have to be before you are charged as a youth or charged as an adult. Part of that has to do with the fact that the laws have changed a few times in recent years: once...
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Aug 22, 2016 | Articles, Criminal Records
Can I Access Ontario Court Documents? You can access Ontario court documents in most cases as many court documents are available to the public, such as: Any current list the court of civil proceedings commenced maintains; Any documents filed in a civil proceeding; Any...
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Aug 10, 2016 | Articles, Criminal Defence, In the Media
There’s an unusual case that’s been all over the media recently about a Quebec waiter who served the wrong food to someone with a food allergy. Police have recommended a charge of criminal negligence be brought forth against the waiter. Is simply making a mistake when...
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Jul 27, 2016 | Articles, Criminal Records
You know the United States takes admitting people into their country, even for short visits, very seriously when one presidential candidate talks about building a wall around the country to help keep undesirables out. Indeed, there are many reasons why you might be...
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Jul 12, 2016 | Articles
There are times where you may be asked to submit to a police or criminal records background check. You may be asked to do so if you are: Applying for a new job. Applying to rent an apartment. Planning to participate in some volunteer activities, particularly with...
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May 13, 2016 | Articles, Firearm Charges & Gun Possession
Many people choose to keep firearms and other weapons in their possession for a number of reasons, including to use for hunting or self-defence. Fortunately for these people, Canadian gun law is relatively flexible and lenient. However, a negative side effect of this...
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Apr 15, 2016 | Articles, Criminal Defence
Due to a few high profile cases, most people are at least somewhat aware of the basics of the insanity defence. In general, the insanity defence refers to a plea that the defendant is not criminally responsible because they lacked the mental clarity or capacity to...
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Mar 30, 2016 | Articles, Sexual Assault
For some, sexual assault charges can be rather confusing when it comes to reaching a conclusion given the sensitive issue. However, we’re going to walk you through a few sexual assault charge defence tactics if you happen to find yourself being accused of such a...
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Mar 25, 2016 | Articles, Sexual Assault
The Law of Consent in Canada With the rendering of Gian Ghomesi’s sexual assault trial decision today it is an apt time to examine the law as it applies to consent. The traditional definition of sexual consent is wrapped up in myth and stereotype. The concept often...
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Mar 23, 2016 | Articles, Pornography
last updated: October 2019 The pornography laws in Ontario, Canada are largely similar to the porn laws found in other places, such as the United States and Great Britain. However, there are a few main differences from country to country when it comes to porn laws....
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Feb 26, 2016 | Articles, Sexual Assault
Jian Ghomeshi is a writer, musician, and former radio broadcaster for the Canadian Broadcasting Corporation. In 2014, the CBC fired Ghomeshi after many allegations of sexual assault and harassment were made against him by numerous women, including past girlfriends....
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Feb 22, 2016 | Articles
Cyberbullying is not something to take lightly. This is a very serious crime, that needs to be handled with the utmost care. The victims of a crime like this are left with years of heartache, and self esteem issues. Some people who have been bullied online have been...
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Feb 2, 2016 | Articles, In the Media
This analysis of Brendan Dassey’s confession serves to demonstrate the difficulty in assessing the voluntariness of confessions. It is a fairly complicated and contextualized area of the law as “findings of fact are best made by trial judges who deal with such...
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Feb 2, 2016 | Articles
By now many people have watched, analyzed, and obsessed over ‘Making a Murderer’ and the legal plight of Steven Avery. Alternate theories, explanations and petitions have sprung up all over the internet. Readers have gone to war in comment sections over the events...
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Dec 17, 2015 | Articles
Unreasonable Search and Seizure Part 1: What is Unreasonable Search and Seizure? Section 8 of the Canadian Charter of Rights and Freedoms states that “Everyone has the right to be secure against unreasonable search or seizure.”1 It is important to understand what...
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Sep 18, 2015 | Articles
Being charged with a criminal offence is a daunting experience, both mentally and financially. For many, affording legal representation may be difficult, if not impossible. Fortunately, in circumstances where jail time is a possibility and certain financial...
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