Criminal Offences

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 …

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

On October 17th, Canada legalized recreational marijuana but also passed tough laws in the Cannabis Act to prevent young people from consuming pot.  The Cannabis Act is a Federal statute and was enacted with the purpose of protecting public safety and youth safety through laws and penalties pertaining to the possession and distribution of marijuana.  …

You face severe Penalties if you share Pot with an Underage Friend or Family Member Read More »

Carding (or ‘street checking’) is the process where police arbitrarily stop someone on the street and ask them to their personal information.  In the Toronto area, the process began in the 1950’s when police were provided ‘Suspect Cards’ to document information about people of interest.  Carding has often involved random checks and includes recording of …

Carding – Know your Rights if you’re stopped for a ‘Street Check’ Read More »

The Criminal Code makes a presumption that a complainant’s past sexual activity (excluding the sexual activity that is related to the charge) cannot be brought as evidence in a sexual assault case.   Specifically, section 276(1) of the Code states that, in sexual assault cases, evidence that the complainant was involved in sexual activity with anyone, including …

Can the Defence present Evidence of a Complainant’s Sexual Activity in a Sexual Assault Case? Read More »

Earlier this year, Canada’s Health Minister announced that marijuana producers and the provinces need another two or three months to prepare for the legalization of marijuana after Parliament approves Bill C-45.  This means that the legal sale of marijuana likely won’t happen until August or September of this year. Since the Liberal Government announced their …

Are Police still making Arrests for Marijuana Possession? Read More »

In Ontario, police officers often charge drivers with Careless Driving when the officer believes the driver was engaged in an unsafe driving action or failed to use proper care which resulted in an accident, particularly when the accident results in injury or death.  Following too closely, excessive speed, distracted driving (such as texting while driving), …

Avoid stiff Penalties due to a Careless Driving Conviction Read More »

A jury’s recent decision to acquit a 56-year old man on the charge of second-degree murder has prompted intense political debate about whether Canada’s current jury selection process is fair.  The trial involved a Saskatchewan farmer, Gerald Stanley, who fatally shot Colton Boushie, a 22-year-old Cree man who, along with 4 friends, had driven onto …

Canada’s Jury Selection Process under Review after Gerald Stanley Murder Trial Read More »

The courts do not look favourably on parties in a legal action who are unprepared, waste the court’s time and resources, or cause unreasonable delays. This issue was addressed in a 2016 case, wherein the Crown asked an Ontario court for an extension in the time to prepare for their appeal of a case involving …

Unreasonable Delay by the Crown results in Dismissal of Crown’s Application to Extend Appeal of Fraud Charges Read More »

Expert opinion evidence is commonly presented by the Crown and defence in criminal trials — for example, testimony given by the arresting officer or toxicologist on an impaired driving charge — and such evidence often plays an important role in proving or disproving a case.  However, expert opinion evidence is viewed as presumptively inadmissible and it must adhere …

Rules for admitting Expert Opinion Evidence in Criminal Trials Read More »

A 2016 criminal proceeding arose when a man was arrested after he allegedly participated in two drug transactions.  The accused man faced charges of trafficking of oxycodone and morphine, but the judge dismissed these charges as there was reasonable doubt that the amount of drugs seized in the man’s arrest could have been to support …

Drug Charges reduced from Trafficking to Possession Read More »