|Are Canadian Courts applying the Law unfairly and too broadly for Sexual Assault Convictions involving ‘Positive-HIV Status’
||A person may be convicted of sexual assault if they have positive-HIV status; they failed to inform their sexual partner of their condition before intercourse; and there’s a realistic possibility of transmitting HIV
||Feb 09, 2017
|Acquittal on Drug Charges due to Serious Charter Rights Violations
||The Ontario Court of Appeal dismissed drug charges and a ten-year sentencing conviction, after concluding that the police seriously violated several of the accused man’s Charter rights during his arrest.
||Jan 18, 2017
|Our Right to be informed of our Rights to Counsel in our own Language
||In R. v. Khandal, a man was acquitted on ‘over 80’ charges because his Charter rights were violated when police failed to provide a Punjabi interpreter and make certain he understood his rights to counsel.
||Jan 06, 2017
|Ontario Judge finds Accused’s Charter Rights were violated and dismisses ‘Over 80’ Charge
||An Ontario court acquitted a man on two DUI charges: ‘over 80’ charges were dismissed on a finding that the man’s Charter rights were violated on arrest; and he was acquitted of impaired drive due to reasonable doubt.
||Dec 13, 2016
|Victim-Fine Surcharge: Blood from a Stone
||Canada's Minister of Justice recently announced plans to change the victim-fine surcharge regime, which since 2013, allows judges no discretion to reduce the surcharges for the poorest offenders or for victim-less crimes such as substance abuse offences.
||Oct 27, 2016
|The Vader Case: A New Hope?
||The Travis Vader murder trial recently captured the attention of Canadians and was unusual in terms of being publicly broadcast and also because there was an immediate social media response by legal scholars who claim that the judge's reasons for his ruling are legally unsound.
||Sep 19, 2016
|‘Not Guilty’ on DUI Charges if Defence Counsel can raise Reasonable Doubt
||In any criminal trial, an accused person must be acquitted if the defence can raise any reasonable doubt that they may not be guilty of the crime of which they're accused.
||Aug 28, 2016
|Searches incident to Arrest – Expanding Police Powers
||In a 2016 sexual assault case, the Supreme Court of Canada upheld a decision to allow DNA evidence obtained by a warrant-less penile swab.
||Aug 09, 2016
|“Reasonably Prompt Justice”: A new Framework for the Right to be Tried within a Reasonable Time
||In response to exceedingly long delays in trying many criminal cases, on July 8, 2016 the Supreme Court of Canada established a presumptive ceiling on the time it should take to bring a case to trial
||Jul 25, 2016
|What are my Rights when asked to take a Breathalyzer Test?
||In R. v. Swaida, the defendant's right to choose his own lawyer and also, his right to submit to an ASD roadside test without delay were breached during his DUI arrest. These breaches resulted in the exclusion of evidence and a dismissal of the DUI charge.
||Jul 18, 2016
|What is Lawyer-client Privilege?
||Solicitor-client privilege refers to the special relationship between a client and their lawyer, in which everything told to your lawyer and learned during the client-lawyer relationship is permanently confidential.
||Jul 12, 2016
|Jian Ghomeshi Trial provokes Debate about Defence Lawyer Procedures
||In cross-examinations on sensitive issues such as sexual assault accusations, defence lawyers owe their clients an ardent defence, which means asking tough questions which will invariably be of a sensitive nature.
||Jul 09, 2016
|Rights Matter: Breath Evidence excluded after Turban not returned
||DUI charges were dismissed when breathalyzer evidence was excluded in a DUI case because the defendant's Charter right to freedom of religion was breached. The man's (an observant Sikh) turban was accidentally knocked off his head during his arrest but not returned to him for 3 hours.
||Jul 03, 2016
|A Hypothetical Analysis: Would Justin Trudeau Be Guilty of Assault?
||We examine the circumstances of the event that occurred in the House of Commons on May 18th when Prime Minister Justin Trudeau grabbed Mr. Brown's arm and came into physical contact with Ms. Brousseau, to determine whether the altercation technically constitutes criminal assault.
||Jun 28, 2016
|Medications for Prisoners
||A Winnipeg father of three was detained for allegedly breaching his conditions of probation stemming from a charge of mischief. He was denied his prescribed medication and consequently suffered a seizure and died while in lock-up.
||Jun 27, 2016
|Being charged with Domestic Assault
||Domestic assault is a serious charge. It is aggressively investigated and prosecuted due to public policy concerns and the often tragic impacts of these types of assault.
||Apr 10, 2016
|DUI Evidence was excluded because the Arresting Officer performed an Unreasonable Frisk Search
|| A Toronto woman was exposed in front of male officers during a DUI arrest. This violation of her Charter rights led to the exclusion of the evidence against her.
||Mar 14, 2016
|A DUI Arrest cannot be based on an Officer's Hunch that a Driver is Impaired
||A 2015 trial highlights the fact that an arrest for driving under the influence of drugs cannot be based solely on an officer?s hunch. Arresting officers need objective and reasonable grounds to make an arrest or the arrest is in violation of a driver's rights.
||Jan 21, 2016
|Understanding Assault Charges
||Most people are aware that causing physical harm to another person can lead to assault charges. It is important to understand that verbal abuse and threats are also considered forms of assault under Canada's Criminal Code, even when no physical contact has been made.
||Jul 20, 2015
|Civil Liability of the Police
||How does duty of care apply to law enforcement and their service to you?
||Sep 22, 2014
|Understanding Criminal Negligence
||They say ignorance is bliss, but when you can be charged for it, most of us would disagree. Learn how simple carelessness and disregard can negatively impact the rest of your life.
||Mar 19, 2014
|Canada's Cyber-bullying Law
||The world wide web is increasingly being misused for harmful and criminal activity. Learn more about the faceless threat that is cyber-bullying and the laws being implemented to combat them.
||Mar 18, 2014
|Hit & Run: Failure to remain at the Scene
||Fleeing the scene of an impaired driving accident will make the penalties much worse if caught.
||Oct 03, 2013
||The Blood Alcohol Level is the difference in the rate at which alcohol is absorbed and the rate at which it is eliminated, in other words, the amount of alcohol in the body.
||Sep 26, 2013
||If you have been accused of a crime, it is important to be aware of the class of crime you are being charged with and how you can expect your case to be prosecuted.
||Sep 14, 2013
||Offenders pulled over for Impaired Driving often attempt to avoid taking the required tests.
||Aug 30, 2013
|Care or Control
||If your only option after a night of drinking is to sober up in your car you should read this article to learn the right way to do this.
||Aug 10, 2013