The lawyers at Daniel Brown Law continue to closely monitor the COVID-19 situation. As always, our priority is the health and well-being of our firm members, clients, and community.
To do our part to reduce the risk of spreading COVID-19, effective Monday, March 16, 2020, and until further notice, our physical offices will be closed, barring emergencies. All lawyers will remain available but will be working remotely. We remain available to assist existing and new clients with their criminal matters.
We understand that criminal charges can be particularly disruptive to our clients’ lives during this time. We are committed to serving you and will continue to operate at full capacity. Daniel Brown Law is pleased to offer both video and phone meetings and consultations. For existing and potential clients trying to reach a lawyer on his or her firm line, those calls will be automatically re-routed to each lawyer’s out-of-office location. We remain committed to providing high-quality, timely service to our clients. We also remain available for consultation with new clients. Do not hesitate to get in touch with us.
To date, all courts have released a response plan regarding COVID-19-related closures. In short, almost all non-urgent matters originally scheduled to take place before the end of May including out-of-custody trial matters will be rescheduled.
For current clients, your lawyer will be in touch with you as soon as possible regarding the impact these court closures may have on your case.
Since 2015, publishing an intimate image of someone else without their permission is a crime in Canada. Section 162.1 of the Criminal Code captures all ways in which intimate images may be shared, including through physical delivery, social networking, email, or other means by publishing, distributing, transmitting, selling, making available or advertising an intimate image of another person knowing that the person depicted in the image did not give their consent to that conduct.
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 yourlawyer? 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 →
With consent, it is not illegal in Canada to have a sexual relationship with someone older than sixteen years of age, regardless of the age difference between the two parties.
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.