Daniel Brown Law LLP is thrilled to announce the addition of Maxime Bédard who joins us as an associate lawyer.
Maxime Bédard
Maxime’s defence practice focuses on both criminal trials and appeals.
Prior to joining Daniel Brown Law, Maxime worked as a judicial law clerk for Justice Kasirer at the Supreme Court of Canada and for Justice Gagné at the Quebec Court of Appeal. These experiences provided Maxime with unique insight into crafting successful appellate arguments that assist him with approaching legal problems from a judicial perspective, combining rigorous analysis with a humane approach to the law.
Maxime also honed his skills as a litigator while working as an associate at one of Canada’s premier national law firms where he contributed to a variety of criminal and constitutional law files.
Maxime graduated from Laval University’s Faculty of Law as the class valedictorian and served as the President of the Law Student Association. Raised in a bilingual environment, Maxime is perfectly equipped to provide legal representation in both French and English
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.
Samantha’s practice focuses on criminal trials and appeals and she represents those charged with or convicted of all Criminal Code offences.
Before joining Daniel Brown Law, Samantha worked for the Ministry of the Attorney General at the Crown Law Office – Criminal (Toronto) where she worked on complex criminal appeals including appeals of serious offences of sexual assault, drug trafficking, and first-degree murder. She also clerked for some of Canada’s most respected criminal law judges at the Court of Appeal for Ontario, including Justices Simmons, Trotter, and Paciocco.
Samantha completed her law degree at Queen’s University where she graduated with the Silver Medal in Law for second highest standing, and received a number of awards including course prizes in constitutional law and the law of international crime and armed conflict. Samantha has also completed certificate in international law focusing on international criminal law, and she has a Bachelor of Science from McGill University. Learn more about Samantha here.
Robert’s practice focuses on criminal trials and appeals. His approach to advocacy is informed by his clerkship at the Court of Appeal for Ontario, where he clerked for Associate Chief Justice Fairburn, Justice Coroza, and Justice Favreau.
Prior to joining Daniel Brown Law, Robert worked as a litigation lawyer at a prestigious law firm in New York City. During that time, Robert assisted with a variety of cases, including pro bono matters involving wrongful convictions and prisoners’ rights, through which he continued to develop his advocacy skills.
Robert completed a joint Juris Doctor/Master of Business Administration at the University of Toronto. Robert also holds an Honours Bachelor of Science degree in chemistry and psychology at Western University, where he graduated as the gold medalist of his undergraduate program. Learn more about Robert here.
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.
Are you a highly organized and detail-oriented individual with a passion for criminal law? Daniel Brown Law LLP, a Toronto-based law firm specializing in criminal trials and appeals is currently seeking a motivated and skilled Legal Assistant to join our team. As a Legal Assistant, you will play a crucial role in supporting our lawyers and ensuring the smooth operation of our legal practice. If you are looking for a dynamic work environment that offers the opportunity for professional growth and development, we encourage you to apply.
Client Intake: Assist in the initial client intake process, gather essential information, and maintain accurate client records.
Scheduling: Manage lawyers’ calendars and schedule client meetings, court appearances, and other appointments efficiently.
Financial Support: Process client payments, track invoices, and facilitate timely payments for vendors and service providers.
Court Filings: Prepare, review, and manage court filings, ensuring compliance with all court rules and procedures.
Office Management: Oversee the inventory and ordering of office supplies, ensuring that the office is well-stocked and organized at all times.
Equipment Maintenance: Coordinate the maintenance and repair of office equipment to ensure smooth operations.
File Management: Organize and maintain legal documents, electronic files, and records for trial and appeal matters, ensuring they are readily accessible.
Trial and Appeal Support: Provide administrative support during trial and appellate proceedings, including preparation of trial binders and exhibits.
Communication: Maintain professional and effective communication with clients, court personnel, and external parties.
Qualifications:
Education: Bachelor’s degree and/or law clerk or paralegal certification is preferred but not mandatory.
Experience: Prior experience as a legal assistant or in a related legal support role is advantageous but we will consider candidates of all experience levels. The ideal candidate will have 0-5 years of related experience.
Organizational Skills: Strong organizational skills and the ability to manage multiple tasks simultaneously are essential.
Technological Skills:
Attention to Detail: Keen eye for detail and accuracy when handling legal documents and correspondence.
Communication: Excellent written and verbal communication skills to interact with clients and colleagues effectively.
Technology Proficiency: Comfortable working with legal software, document management systems, Adobe Acrobat and MS Office Suite. Familiarity with the criminal court system, Legal Aid Online, and/or PCLaw is an asset.
Confidentiality: Uphold the highest level of confidentiality and integrity when dealing with sensitive information.
Adaptability: Ability to adapt to changing priorities and work well under pressure.
Team Player: Collaborative and willing to assist colleagues when necessary.
Benefits:
The expected salary range is $45,000-50,000 and includes a robust health benefits package
Four weeks of paid vacation
Opportunities for professional development and training
Positive and inclusive work environment
Chance to work and collaborate with experienced lawyers on diverse and challenging cases
How to Apply: If you are interested in this Legal Assistant position, please submit your resume and a cover letter detailing your relevant experience and why you believe you are the ideal candidate for the role. Email your application to Rylie Burns at [email protected]. While we appreciate the interest of all applicants, only those who are selected for an interview will be contacted.
We look forward to reviewing your application and welcoming a dedicated Legal Assistant to our team! Application deadline: August 14, 2023 and the expected start date is flexible but may commence as soon as September 1, 2023.
Note: The job responsibilities and qualifications mentioned above are intended to describe the general nature and level of work for this position. They are not an exhaustive list of all duties, responsibilities, and skills required. The successful candidate may be required to perform additional tasks as needed to meet the needs of the legal practice.
About Daniel Brown LawLLP
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded. We regularly appear before courts across the province, the Court of Appeal for Ontario and the Supreme Court of Canada on complex, serious, and precedent-setting cases.
Forcible Confinement Lawyers Toronto – How to Defend Forcible Confinement Charges
Forcible confinement is a serious offence under Canadian criminal law, and can result in severe legal consequences if convicted. In this blog post, we will explore the legal definition of forcible confinement, potential defences, the court process, and possible legal consequences if convicted of this offence.
A forcible confinement allegation may be accompanied by other charges including assault, sexual assault, uttering threats or mischief, especially in the context of a domestic dispute. It is not uncommon for an allegation of forcible confinement to be raised during a divorce and custody dispute because a criminal claim of this nature can typically assist a complainant with obtaining an advantage in family law proceedings. Allegations of forcible confinement can be challenging to defend because there are rarely other witnesses or physical evidence to support or refute the claim.
Our team of forcible confinement lawyers has successfully defended hundreds of domestic related allegations in all corners of Ontario. We regularly appear in courtrooms across the Greater Toronto Area in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.
What is forcible confinement?
According to Canada’s Criminal Code, forcible confinement is defined as intentionally confining, imprisoning, or forcibly seizing another person without their lawful authority. This means that if someone intentionally restrains or confines another person against their will, they could be charged with forcible confinement.
What must the Crown Attorney prove to establish the crime of forcible confinement?
In a forcible confinement case, the Crown must prove several elements of the offence beyond a reasonable doubt in order to secure a conviction. Specifically, the Crown must establish the following:
The accused intentionally confined, imprisoned, or forcibly seized another person without lawful authority;
The confinement was against the will of the victim;
The accused had the necessary intent to commit the offence, which means they acted purposefully or with knowledge that their actions would result in the confinement of the victim.
It is important to note that the Crown must prove all three elements of the offence beyond a reasonable doubt in order to secure a conviction. This means that the evidence presented must be sufficient to convince the judge or jury beyond a reasonable doubt that the accused is guilty of committing the crime.
If the Crown is unable to prove any one of these elements beyond a reasonable doubt, the accused may be acquitted of the offence. It is important to note that an accused person is presumed innocent until proven guilty, and it is the burden of the Crown to prove the case against them.
What are legal defences to forcible confinement?
It is important to note that there are certain legal defences available in cases of forcible confinement. For example, if the accused can demonstrate that they were acting in self-defence or in the defence of others, or that they had a reasonable belief that they had the lawful authority to confine the person, they may be able to avoid a conviction for forcible confinement.
It is also possible to argue that the complainant was not confined, the complainant was not a credible witness, gave consent to be confined or that the complainant misidentified the perpetrator of the allegation.
In terms of the court process, forcible confinement is considered a serious offence and will typically be prosecuted more vigorously by the prosecutor. The accused will have the right to a fair trial, which may include the calling of witnesses, cross-examination of the prosecutor’s witnesses, and the presentation of evidence and witnesses that undermine the allegation.
What are the legal consequences of a forcible confinement conviction?
If convicted of forcible confinement, the legal consequences can be severe. Under the Criminal Code, the maximum penalty for this offence when prosecuted by indictment is 10 years in prison. The maximum jail sentence is reduced to two years less a day when the case is prosecuted on summary conviction. It is important to note that this is the maximum penalty, and the actual sentence imposed will depend on a variety of factors, including the severity of the offence, the presence of aggravating or mitigating factors, and the offender’s criminal record and personal circumstances. In cases where the offence involves aggravating factors, such as the use of a weapon or threats of violence, or if the victim is a vulnerable person, such as a child or an older person, the sentence is likely to be more severe. Conversely, if the offender has no prior criminal record and is able to demonstrate remorse or other mitigating factors, the sentence may be more lenient. Ultimately, the decision on the appropriate sentence will be made by the judge, who will consider all relevant factors in the case before imposing a sentence.
Additionally, a conviction for forcible confinement can have long-lasting consequences, including a criminal record and difficulty obtaining employment or travelling internationally.
In conclusion, forcible confinement is a serious offence under Canadian criminal law that can result in significant legal consequences if convicted. If you are facing charges of forcible confinement, it is important to seek legal advice from a qualified criminal defence lawyer to understand your options and potential defences. Call the lawyers at Daniel Brown Law at (416) 297-7200 to consult with you about a forcible confinement allegation.
Daniel Brown Law LLP is thrilled to announce the addition of Teodora Pasca who joins us as an associate.
Teodora Pasca
Teodora’s practice focuses on criminal trials and appeals. She believes everyone in the criminal justice system should be treated with dignity and respect, and enthusiastically takes on cases involving all types of criminal charges.
Teodora completed her Juris Doctor at the University of Toronto, where she was constantly on her feet as an advocate in the moot court program. Teodora also holds a Bachelor’s and Master’s degrees in Criminology from the University of Toronto.
While in law school, Teodora represented marginalized clients in criminal court on behalf of Downtown Legal Services and assisted with wrongful conviction review applications at Innocence Canada. Teodora understands that power dynamics within the criminal justice system often work against her clients — and she is committed to putting up a fight on their behalf.
Prior to joining Daniel Brown Law, Teodora served as a law clerk to judges of the Ontario Superior Court of Justice, assisting with a number of complex criminal trials. She also worked for the United Nations in the judicial chambers of a criminal tribunal in The Hague, Netherlands.
Beginning in August of 2023, Teodora will take a brief leave from Daniel Brown Law to clerk for the Honourable Justice Sheilah Martin of the Supreme Court of Canada.
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.
Thursday morning, the Supreme Court of Canada released its much-anticipated decision regarding the constitutionality of the Bill C-51 Amendments. In R v. J.J. ,the majority decision upheld the amendments as constitutional in their entirety, while at the same time offering some clarity on how to interpret them. The Supreme Court’s decision stands to impact thousands of sexual offence cases currently in the system. Below are some of the main takeaways.
The Definition of “Record”
The trial judge must review “both the content and context” of a possible defence record to determine whether it engages a reasonable expectation of privacy such that the s. 278.92 is engaged. The first step is looking at the content of the evidence. No category of evidence is excluded, meaning electronic communications between the complainant and the accused are captured. At para. 49: “Records do not attract a reasonable expectation of privacy simply because of the medium used to convey them. The more important consideration is the sensitivity of the information contained in the record.”
The trial judge must make a determination about whether something is a “record” at stage 1 of the application process under s. 278.93. Because the possible value of impeachment material is often unclear until mid-trial, this means that trial judges will increasingly be tasked with screening potentially irrelevant evidence ahead of time.
However, an argument may be available that what constitutes a “record” should be narrowly construed. At para. 53, the Court states: “the scheme is not intended to catch more mundane information, even if such information is communicated privately. Moreover, given the accused’s right to make full answer and defence, mere discomfort associated with lesser intrusions of privacy will generally be tolerated. In this context, a complainant’s privacy in open court “will be at serious risk only where the sensitivity of the information strikes at the subject’s more intimate self”. Similarly, at para. 54: “a non-enumerated record will fall within the definition of s. 278.1 if it contains information of an intimate and highly personal nature that is integral to the complainant’s overall physical, psychological or emotional well-being.” Finally, at para. 56: “mundane information such as general emotional states, everyday occurrences or general biographical information would typically not give rise to a reasonable expectation of privacy.”
The Supreme Court emphasized that, like for s. 276 evidence, the narrow category to which the record regime applies is part of the gateway to its constitutionality. At para. 162, the Court concludes that “screening in the context of private record applications applies to a narrow set of evidence that implicates important interests of complainants in sexual offence cases and has the potential to create serious prejudice. Private records are analogous to s. 276 evidence, as they can also implicate myths that are insidious and inimical to the truth-seeking function of the trial”.
The Supreme Court was clear that courts must also consider the context in which the record was shared – for example, why the complainant shared the information, and who she shared the information with. Consider, for example, where information was shared with someone with whom the complainant was in a relationship of trust or authority, and whether the information was intended to be shared privately or publicly disseminated. At para. 60: “Records produced in the private domain (e.g., one-on-one communications between the complainant and accused) may attract an enhanced reasonable expectation of privacy; records created or obtained in the public domain, where they could be accessed by multiple people or the general public (e.g., social media or news media), are less likely to attract a reasonable expectation of privacy.”
Note that material may engage the s. 278.92 records regime even if the complainant is not a participant in it. In other words, something might be a record where the evidence is about the complainant. Para. 63: “The complainant may be the sender or recipient of the communication, or the content of the communication pertains to the complainant.”
Finally, note that unlike for s. 276 evidence, even evidence that captures the subject matter of an offence will likely engage the records regime. See paras. 65-67, which highlights that explicit communications, videos, or photographs implicating the subject matter of the charge are “likely” to require a records application.
A “Records” Application is Required When “Adducing” Information
The Supreme Court has clarified that a s. 278.92 records application will be required even where the defence seeks to ask questions about the content of a record, but not adduce the record itself as an exhibit or for impeachment purposes. The situation remains unclear when an accused was formerly in possession of a record but no longer has it – e.g. deleted text messages or emails. At para. 76, the Court states: “Specifically, under the record screening regime, the accused must screen records when they seek to use information during a hearing that they specifically learned from those records. If they have independent knowledge of the information, gathered from sources that do not rely on the complainant’s private records, they may use this information without invoking the record screening regime (subject to other applicable evidentiary rules and trial procedures).” We anticipate this will be the subject of further litigation.
Complainant’s Participatory Rights at Stage 1 and Stage 2
The Supreme Court confirmed that a complainant has no right to participate in a stage 1 hearing under s. 278.93. However, at para. 92, the Supreme Court suggests that the Crown should provide “a general description of the nature of the record and of its relevance to an issue at trial to the complainant and/or the complainant’s counsel…At the same time, only a general description is required at this stage because it is not yet clear whether a Stage Two hearing involving the complainant will be required.” In other words, although the complainant cannot appear and make submissions at a stage 1 hearing, the Crown is permitted to share information with them about the details of the application at this stage.
The Court confirmed that the defence application record should typically be disclosed to the complainant before a stage 2 hearing under s. 278.94 to allow them to meaningfully participate in the process. Note, however, that the trial judge retains a residual discretion to order that an application record not be provided directly to the complainant. At para. 96, the Court states: “Importantly, the presiding judge retains the discretion to direct that the application not be disclosed to the complainant or that portions of it be redacted. This may arise based on a party’s or the judge’s own concerns about the impact of disclosure on trial fairness.” Finally, the Court suggested that the application record should not be provided to the complainant in a confidential way. At paras. 173-175, the Court suggests that the Crown should be involved with the process of disclosing an application record to the complainant and consulting with them about it. As always, should anything arise as a result of that consultation, that evidence must be disclosed to the defence.
Finally, the Supreme Court confirmed that complainant counsel has no right to cross-examine an accused on an affidavit filed at stage 2 of the application hearing, and that this ability is reserved for the Crown only.
Record Applications Should be Brought Pre-Trial
The Supreme Court held that mid-trial records applications should be the exception, not the rule. However, the court leaves open the possibility of bringing an application during cross-examination where advanced disclosure “will genuinely negate the efficacy of cross‑examination”: at para. 190. In reaching this conclusion, the Court was concerned about trial efficiency. At para. 86, it states: “However, as a general rule, private record applications should be brought at the pre-trial stage of the proceedings. There is good reason for this. If mid-trial applications become routine, this would result in frequent adjournments, significant delays, scheduling difficulties – particularly in jury trials – and potential unfairness to the accused. Mid‑trial applications could also harm complainants and discourage the reporting and prosecution of sexual offences.”
Final Notable Issues
A few subsidiary points are worth noting. First, at para. 73, the Supreme Court held that the Crown is not bound by the records regime. In other words, the Crown has no obligation to bring a records application, unlike where the Crown intends to lead evidence of the complainant’s other sexual activity and is required to bring a common law Seaboyer application.
Second, the Supreme Court commented on the motion for directions procedure that has been widely used to date for litigating whether evidence engages the record regime. The Court stated that motions for direction should be rare but may be appropriate in certain circumstances. At para. 103, the Court states that “they are purely a discretionary exercise of the presiding judge’s trial management power.” Note that, at para. 105, the Court commented that the trial judge retains discretion to give a complainant standing at this type of motion.
Finally, as a procedural point, the Supreme Court confirms that complainant appeals of stage 2 hearings by way of certiorari applications or by way of appeal directly to the Supreme Court (as was done by the complainant A.S. in this case) should be rare. At para. 110, the Court comments that: “interlocutory appeals arising out of s. 276 or private record applications should be rare and restricted to clearly exceptional circumstances.”
Daniel Brown Law LLP, a Toronto-based boutique law firm specializing in criminal trials and appeals, is looking for an associate lawyer for our Toronto office.
About Daniel Brown LawLLP
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded. We regularly appear before courts across the province, the Court of Appeal for Ontario and the Supreme Court of Canada on complex, serious, and precedent-setting cases.
Job description:
We are seeking an associate with a passion for criminal defence work to join our growing team of trial and appeal lawyers. The ideal candidate is a 0-5 year call, interested in managing and litigating their own assigned trial and appellate matters, as well as acting as second chair for all kinds of criminal cases.
We’re looking for a lawyer who thinks critically, works well with a team, and can effectively manage their time on a wide range of tasks. While prior criminal law experience is an asset, it’s not a mandatory requirement for the position.
The associate’s work assignments would include:
Conducting initial consultations with clients to assess client goals and provide legal advice
Representing clients throughout their case, including pre-trial negotiations and court preparation
Drafting applications, factums, and other court documents
Legal writing including content for books, papers and articles
Daniel Brown Law takes mentorship seriously. In addition to working collaboratively on the firm’s files alongside senior lawyers, we will regularly meet to discuss emerging legal issues and trial strategy as well as professional development. The chosen candidate will also get an opportunity to learn how to build all aspects of their criminal defence practice from the ground up.
We encourage applications from equity-seeking groups.
Compensation:
The salary range for this position will be commensurate with the applicant’s skills and experience, plus benefits, insurance, and Law Society fees. This position is eligible for annual salary review and the potential for both bonus and profit-sharing opportunities.
How to apply:
Apply by forwarding a cover letter, resumé, writing sample, transcripts, and two reference letters or the names of two referees to Daniel Brown at [email protected]. All applications will be held in confidence. Only those candidates selected for an interview will be contacted.
Daniel Brown Law LLP is thrilled to announce the addition of two lawyers to the firm. Hilary Dudding has joined our team as a partner and James Bray has joined us as an associate.
Hilary Dudding
Over the last two decades, Hilary has defended almost every type of criminal charge from theft to murder and has developed a special proficiency defending individuals charged with sexual assault, drug offences, and human trafficking. She is an accomplished and adept professional ready to guide her clients through rough terrain.
Hilary is a graduate of the University of Toronto’s Faculty of Law and obtained her Master of Laws in Criminal Law and Procedure from Osgoode Hall Law School.
Prior to joining Daniel Brown Law, Hilary was a partner at another well regarded criminal defence firm in Toronto where she defended clients in a wide range of challenging trials and appeals. Learn more about Hilary here.
James practices in the areas of criminal law, constitutional law and regulatory defence. He appears at all levels of court in Ontario and assists clients both at trial and on appeal. James’ practice includes defending professionals at regulatory hearings, defending sexual offences and extradition matters.
Prior to joining Daniel Brown Law, James worked as a lawyer at a top boutique criminal defence firm in Toronto where he handled a wide variety of trial and appeal cases.
James is a graduate of the Schulich School of Law at Dalhousie University and previously studied at the University of Oxford as a Rhodes Scholar. Learn more about James here.
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.
Daniel Brown Law LLP is excited to announce that Colleen McKeown, Andrew Bigioni and Lindsay Board have joined our partnership. We wish them all ongoing success as they continue their practices as partners in the firm.
Colleen McKeown
Colleen practices criminal and constitutional law with a focus on criminal appeals. She has argued appeals at all levels of court in Ontario and has appeared at the Supreme Court on behalf of the Criminal Lawyers’ Association in in R. v. Morrison, R. v. Goldfinch, and R. v. K.G.K. Colleen also argues complex trial motions, has acted as counsel at a Coroner’s Inquest, and has supported the work of a Canadian Judicial Council committee as its research lawyer. She is currently an Adjunct Professor at the University of Toronto Faculty of Law. Before joining Daniel Brown Law, she clerked at the Court of Appeal for Ontario. Learn more about Colleen here.
Andrew practices criminal and constitutional law at Daniel Brown Law. He regularly appears at all levels of court in Ontario and assists clients both at trial and on appeal. Andrew’s practice focuses on Charter litigation and the defence of complex sexual offences and large-scale drug matters. He is a former board member of the Criminal Lawyers’ Association and is regularly consulted by the media to speak on cases of public importance. Prior to joining Daniel Brown Law, Andrew was in private practice alongside some of Canada’s leading criminal litigators. Learn more about Andrew here.
Lindsay practices criminal and constitutional law at Daniel Brown Law. She regularly appears at all levels of court in Ontario and at the Supreme Court of Canada. Her practice focuses on complex, serious charges with significant reputational consequences for her clients, with a particular focus on sexual offences. Before joining the team at Daniel Brown Law, she practiced civil, regulatory, and criminal law at a top Toronto litigation boutique and clerked for the Court of Appeal for Ontario. Lindsay is an adjunct professor at Queen’s University Faculty of Law and is a frequent conference panelist regarding criminal law issues. She also provides regular commentary to media outlets on cases of public importance. Learn more about Lindsay here.
For nearly two decades, Daniel Brown Law LLP has represented organizations and individuals in complex criminal litigation at trial and on appeal. Recognized as one of Canada’s best criminal defence boutiques by Canadian Lawyer Magazine, we remain dedicated to superior advice and advocacy through the same innovation and dedication on which our firm was founded.
In Canada, it is important to understand that threatening someone, whether it be verbally or in writing, can result in serious consequences. In fact, uttering threats is considered a criminal offence under section 264.1 of the Canadian Criminal Code, and can result in fines, imprisonment, or both.
Quite often, allegations of uttering threats to cause bodily harm or death will arise out of a domestic dispute and also include other types of criminal charges including assault or mischief. In these types of cases, a special approach is required which takes into account the future needs of the parties and the public interest in preserving family harmony. For more information on domestic assault cases, read here.
Our lawyers have defended utter threats charges in all corners of the province and often appear in courts across the GTA in addition to the Toronto courthouses including Newmarket, Oshawa, Brampton, and Milton.
Daniel Brown is a criminal law specialist with extensive knowledge and experience defending against allegations of uttering threats. As such, he is often sought out by the media to comment on national and international stories on the subject. Daniel recently spoke with the Toronto Star about a high profile uttering threats case in the news.
The lawyers at Daniel Brown Law regularly defend allegations of uttering threats and threatening death or bodily harm.
Uttering threats charge carries with it serious consequences, including the potential for imprisonment. If you are facing charges of uttering threats, it is important to seek the guidance of an experienced criminal defence lawyer.
Those looking for specific advice on an utter threats charge should immediately consult with Daniel Brown Law at (416) 297-7200 to discuss your case. The following article provides some key points to keep in mind when it comes to defending against uttering threats charges:
What is the legal definition of a uttering a threat?
The definition of uttering threats is found in the Criminal Code at section 264.1. Generally anyone can be charged with uttering a threat if they utter, convey or cause any person to receive a threat:
(a) to cause death or bodily harm to any person;
(b) to burn, destroy or damage real or personal property; or
(c) to kill, poison or injure an animal or bird that is the property of any person
Under Canadian law, an utterance is defined as a spoken or written statement that conveys a threat to another person. In order to be convicted of uttering threats, the Crown must prove that you intended to cause the other person to fear for their safety or the safety of others.
What if the threat isn’t said directly to the intended target, but to a third person?
The accused need not utter the threat directly to the intended victim to be found guilty. The threat can be direct or indirect, and it can be made in any medium, including social media, email, or text message. Furthermore, when the accused does not utter the threat directly but rather threatens to harm the intended victim to a third person, it is not a valid defence to argue that the accused did not intend that third person to communicate the threat to the intended victim for the crime to be established. Indeed, it is not even necessary for the intended victim to be aware of the threat in order to be found guilty of the offence.
What is required to prove a threat in court?
In Canada, the legal elements of an uttering threats charge are defined in section 264.1 of the Criminal Code. The Crown must prove each of the following elements beyond a reasonable doubt in order to secure a conviction for uttering threats:
The accused person made a threat: A threat can be spoken, written, or communicated in any other way that conveys a message that would cause a reasonable person to fear for their safety or the safety of others. The threat can be explicit or implicit, and can be conveyed in any medium, including social media, email, or text message.
The threat was made to another person: The threat must be directed towards a specific individual or individuals. The target of the threat does not necessarily need to be present at the time the threat was made, but the accused must have intended for the target to hear or receive the threat.
The accused person intended to cause the other person to fear for their safety or the safety of others: The Crown must prove that the accused intended for the threat to cause the other person to feel afraid. If the accused did not have the intention to cause fear, they may have a defence to the charges.
The threat was credible: The Crown must prove that the threat was credible, meaning that a reasonable person in the same circumstances as the alleged victim would have taken the threat seriously.
What if the recipient of the threat did not take the threat seriously?
When defending against uttering threats charges, it is important to consider the context in which the alleged threats were made. For example, if the threats were made during an argument or in the heat of the moment, this may suggest that you did not have the intention to cause fear. Alternatively, if the alleged threats were made in a more calculated or premeditated manner, this may be more difficult to defend against.
In law, all that is required is that the person making the threat intended the threat to be taken seriously. The fact that the person receiving the threat was not intimidated or scared does not constitute a defense to the charge of uttering threats.
What if the threat was impossible to carry out?
Even in a situation where the accused makes a threat he could not carry out i.e.: ” I will drop you from the top of the C.N. Tower”, he may still be found guilty of the offence. The central focus for the judge in deciding whether or not a threat was made will be on the maker’s intention when the words were uttered (was it meant to be taken seriously so as to produce a reaction of alarm or fear in the mind of the recipient) – not on the present ability to carry out the threat.
What are the consequences of an utter threats conviction?
If an individual is found guilty of an allegation of uttering threats in Canada, there can be serious legal consequences. Uttering threats is punishable by imprisonment, fines, or both.
The maximum penalty for uttering threats is five years imprisonment if the Crown prosecutes the offence by way of indictment. However, if the Crown prosecutes the offence by way of summary conviction, the maximum penalty is 18 months imprisonment. Additionally, fines may be imposed on top of any imprisonment sentence.
In addition to these legal consequences, a criminal record resulting from a conviction for uttering threats can have significant long-term consequences, including difficulty obtaining employment, housing, and traveling internationally. It can also impact an individual’s personal and professional relationships.
For individuals without criminal histories, the effect of a threatening bodily harm conviction on their livelihood, freedom, and future opportunities in life can be tremendous.
If you are facing charges of uttering threats, it is crucial to work with a criminal defence lawyer who has experience in this area of the law. Your lawyer can help you navigate the legal system, identify potential defences, and build a strong case on your behalf. They can also negotiate with the Crown prosecutor to seek a more favourable outcome, such as a reduced charge or sentence.
In conclusion, uttering threats is a serious criminal offence in Canada that can result in significant penalties. If you are facing charges of uttering threats, it is important to seek the guidance of an experienced criminal defence lawyer who can help you navigate the legal system and build a strong defence. With the right legal support, it is possible to successfully defend against uttering threats charges and protect your rights and freedoms under Canadian law.
It is also important to remember that every allegation of uttering threats is a fact specific inquiry. Call Daniel Brown Law at (416) 297-7200 to arrange a consultation about your case.