Under section 10(b) of the Canadian Charter of Rights and Freedoms, everyone who has been arrested by the police on a criminal charge has the “right to retain and instruct counsel without delay and to be informed of that right”. Police have to tell you that you can speak to a lawyer – but do they have any other obligations? Do they have to help you contact a lawyer? Do they have to help you contact your lawyer? The answer is: yes. Continue reading
A criminal appeal lawyer is often required to prepare an appeal by relying solely on the evidence presented during the trial. In some cases, the appeal lawyer can present new evidence to the appeal court. This can assist in getting the court to overturn a conviction or reduce a sentence imposed at the trial level. Continue reading
Since 2004, Canadian Courts have required those found guilty of certain sex related crimes be registered in a sexual offender database.
The Sexual Offender Information Registry Act (SOIRA) imposes obligations for those placed on the National Sex Offender Registry to provide police throughout Canada with a significant amount of personal information and obliges them to report yearly for the purpose of being monitored by authorities.
This article answers some of the frequently asked questions about the scope and purpose of Canada’s Sexual Offender Registry. Continue reading
An exception to this rule occurs when the sexual relationship exists between someone holding a position of trust or authority over another who is older than sixteen but younger than eighteen years of age. In such circumstances, this type of relationship may trigger the criminal charge of sexual exploitation. Continue reading
The ruling of R. v. Zargar, 2014 ONSC 1415 affirms that police cannot generally enter a person’s home without permission except under very limited circumstances. The case also establishes that a person can use a reasonable amount of physical force to remove a police officer who is trespassing on their private property.
Earlier today, Justice Ian Nordheimer released his ruling dismissing the application by Mohammad Khattak to access to the Rob Ford ‘crack video’.
The Application was brought on behalf of Mohammad Khattak, one of three men pictured with Mayor Rob Ford outside a suspected drug house for the purpose of dispelling the perception there’s a connection between Khattak and the video of the mayor smoking crack cocaine. Continue reading
Earlier this week, the Supreme Court of Canada released their ruling in R. v. Pham 2013 SCC 15 which answers the question, “What weight should be given to collateral immigration consequences in sentencing?”
Mr. Pham was not a Canadian citizen. He was convicted at trial of producing marihuana and possessing it for the purpose of trafficking. The trial judge imposed a sentence of two years imprisonment after a receiving a joint recommendation on sentence from Pham’s lawyer and the crown prosecutor. Continue reading
It is a crime in Canada to cause a police officer to enter on or continue an investigation with the intent to mislead them in any of the following scenarios:
(a) making a false statement that accuses some other person of having committed an offence;
(b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
(c) reporting that an offence has been committed when it has not been committed; or
(d) reporting or in any way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.
Committing any of these acts can lead to a public mischief charge. Continue reading