Blog: Understanding Canadian Criminal Law

Sexual Exploitation Lawyers Toronto How to defend sexual exploitation charges 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...

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...

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...

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...

Defending Public Mischief Charges in Toronto, Ontario 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...

The police will often act covertly in an undercover capacity in order to investigate criminal activity. Rarely, the police will go too far in their undercover investigations and actually induce an otherwise law-abiding person into committing a crime such as...

It is often understood that a criminal conviction may significantly impact a person's future employment and travel opportunities. However, most people facing criminal charges are unaware how a conviction may impact their ability to bring or defend a civil lawsuit...

Conditional sentencing, introduced in Canada in September 1996, allows for sentences of imprisonment to be served in the community, rather than in a correctional facility. Conditional sentences normally include a period of house arrest but may also include graduated...

Earlier this week, the Ontario Court of Appeal released their ruling in R. v. Docherty, 2012 ONCA 784. The central issue in Docherty was whether the trial judge improperly instructed the jury that a person under attack has a duty to retreat from their home in order to...

This article attempts to clarify to what extent parents or teachers can physically discipline children under their care. Section 43 of the Criminal Code of Canada, enacted in 1892, provides parents, teachers and caregivers — including babysitters and foster parents —...

Beginning today, our streets have apparently become, “a little safer”, according to our Federal Government. The Safe Streets & Communities Act, which came into force today, includes provisions that would establish mandatory minimum penalties for serious drug...

On 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...

Acting as a Surety for a Criminal Bail Hearing A 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...