Criminal Offences

How a Judge determines whether the Complainant in a Sexual Assault Case can be believed

Eyewitness identification of the person who allegedly committed a crime, as well as the circumstances involved in the offence, can directly tie the accused to the crime and are typically a significant aspect of the prosecution’s evidence.  Historically, eyewitness testimony has sometimes led to mistaken identifications and tragically, to wrongful convictions, even when the eye …

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Non-Canadian Citizens face Deportation for a Criminal Conviction

If you are convicted of a serious criminal offence and are not a Canadian citizen, you may be ordered to leave the country with no chance of appeal.  A person who is a permanent resident faces deportation if their offence or sentencing meets the definition of ‘serious criminality’ under Canadian law.  Any of the following …

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Canada’s National Sex Offender Registry

In December 2004, the Canadian Government enacted the Sex Offender Information Registration Act (SOIRA) and established a legal requirement under the Criminal Code ss. 490.011 that persons who are convicted of a designated sex crime must register with the National Sex Offender Registry (NSOR).  NSOR was initially established for the purpose of enabling authorities and …

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Why Reasonable Doubt Favours the Defendant in Sexual Assault Criminal Trial

In Canada, there are two key assumptions that are essential elements in every criminal trial.  The first is that the defendant is presumed innocent and the burden of proof is on the Crown.  The second is that to obtain a conviction, the judge or jury must be convinced that the defendant is guilty beyond reasonable …

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Can a Fentanyl Dealer be charged with Manslaughter?

Health Canada reports that over 10,300 Canadians died as a result of an opioid-related overdose between January 2016 and September 2018, and fentanyl substances are linked to 73 percent of these deaths.  The disturbing number of Canadians who have died in recent years due to a street fentanyl overdose has raised the question: “Can dealers …

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You Can’t Be Convicted Of A Driving Offence Simply Because Your Actions Caused An Injury

As exemplified in the below criminal trial, Canadian case law finds that a driver cannot be found guilty of a driving-related offence solely, or even partially, because their action had a bad outcome such as injuring another motorist. Rather, whether or not a defendant can be convicted of a driving-related charge depends on their actions under the …

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Defendant Who Was Sleepwalking Is Found ‘not Criminally Responsible’ for Sexual Assault

Under Canada’s Criminal Code s. 16, a person cannot be held criminally responsible for an action or omission they made while suffering from a mental disorder that made them incapable of understanding that their actions were wrong.  The defence of ‘not criminally responsible on account of a mental disorder’ is based on a fundamental principle …

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