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Supreme Court of Canada clarifies “care and control” for drinking and driving offences

Supreme Court of Canada clarifies “care and control” for drinking and driving offences

drinking and drivingOn October 26th, 2012, the Supreme Court of Canada released their ruling in R. v. Boudreault 2012 SCC 56, clarifying the elements of proof required to show that a person is in “care and control” of a motor vehicle for the purpose of establishing that they were driving while impaired.

Factual Background

On a cold February morning, Mr. Boudreault was found sleeping in his parked vehicle by police officers and was charged with, among other things, impaired operation of a motor vehicle. He was seated in the driver’s seat with the engine running. (more…)

Acting as a Surety for a Criminal Bail Hearing

Acting as a Surety for a Criminal Bail Hearing

Acting as a Surety for a Criminal Bail Hearing

bail hearingA surety is someone who agrees to take responsibility for a person accused of a crime while out on bail. Being a surety is a serious commitment. Before you accept this responsibility, here are a few things you should consider:

  • Think about getting legal advice to make sure you understand what this commitment means.
  • Do not agree to be a surety if you are not sure that you can supervise the accused person in the community.
  • If the accused person fails to obey the terms and/or conditions of the court order, you could lose the money you have pledged.
  • Your responsibility as a surety continues until the case is completely over. In some cases, this may take many months or even years.

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Obtaining Bail Pending Appeal in Criminal Cases

Osgoode HallOne of the most important beginning steps in a criminal appeal, where the client has been given a jail sentence, is to seek bail pending appeal. This article seeks to proivide information about the bail process for criminal appeals in Toronto, Ontario. Please follow the links for further information about the criminal appeal process or appeals initiated by the crown attorney. Those requiring assistance with an appeal related issue should immedialty consult with a criminal appeal lawyer for advice.

Frequently asked questions about bail pending appeal in criminal cases:

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Increased Sentences for Sex Crimes Against Children

Man in JailIn R v. D.M., a ruling released earlier today, the Ontario Court of Appeal allowed the Crown’s appeal to increase the sentence from three years to seven for an offender convicted of repeatedly sexually assaulting his teenaged niece more than 100 times over a three-year period while holding a position of trust over her.

This ruling follows on the heels of R. v. P.M., another appeal case where a sentence of six years for a similar crime was upheld by the Court of Appeal. In both cases, the Court has signalled that sexual crimes against children will warrant very high penitentiary terms. (more…)

The Family Law Consequences of a Criminal Domestic Violence Conviction

family law caseSadly, domestic disputes are quite common in our society.  Whether the accusations of domestic violence are true or not, the consequences of such allegations can wreak havoc on a family’s dynamics for years to come.

Daniel Brown works closely with a group of trusted family law lawyers to ensure that his clients interests are protected both in the criminal courts as well as the family courts.

In the article below, Toronto family law lawyer, Andrew Feldstein, provides insight into how a criminal charge or conviction for a domestic violence related crime can affect a person’s rights in family court: (more…)

Explaining Peace Bonds in Criminal Cases

lizza-document-HP-290_optA peace bond is a court order imposed by a judge in a criminal proceeding. Agreeing to a peace bond or having one imposed on you can have significant legal consequences. The following article attempts to explain  the law surrounding peace bonds in Canadian criminal cases.

Frequently asked questions about peace bonds:

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Sealing Canadian Youth Court Criminal Records

young offender arrest

It is a common misconception that a Canadian criminal record acquired while a person is under the age of 18 years old will be sealed as soon as the youth turns 18.  In fact, a youth court criminal record may continue to exist well beyond the age of 18 years and on occasion can remain open and accessible to the public indefinitely. The following article attempts to outline the circumstances surrounding when a youth record becomes permanently sealed. For more information on youth court cases, please read my article on “Young Offender Cases(more…)

Trafficking Cocaine, Marijuana or Other Drugs

drug trafficking

It is a crime in Canada to traffic in a drug prohibited by the (CDSA) . Illegal Drugs prohibited by the CDSA include cocaine, marijuana, ecstasy, heroin, ketamine, oxycodone, GHB and a slew of other narcotics.

If you or someone you know if facing an allegation of drug trafficking, it is important to consult with a lawyer right away to discuss possible defences to the charge. For more information on drug trafficking, Daniel Brown can be contacted at (416) 297-7200. Otherwise, feel free to read the following frequently asked questions about drug trafficking charges in Canada. For information about other drug offences, read my articles on drug possession chargesdrug importing or marijuana grow-operations. (more…)

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