Blog: Understanding Canadian Criminal Law

Legal Commentary

Defending Sexual Exploitation Charges

Defending Sexual Exploitation Charges

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...

When Can Police Enter Your Home?

When Can Police Enter Your Home?

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...

Considering immigration consequences on sentencing

Considering immigration consequences on sentencing

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...

Public Mischief Charges in Canada

Public Mischief Charges in Canada

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...

Understanding the Defence of Entrapment in Canada

Understanding the Defence of Entrapment in Canada

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...

How your criminal conviction can impact your civil lawsuit

How your criminal conviction can impact your civil lawsuit

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...

Ending house arrest for various criminal and drug offences

Ending house arrest for various criminal and drug offences

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...

Self Defence: a person attacked in the home need not retreat

Self Defence: a person attacked in the home need not retreat

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...

Corporal Punishment in Canada – to spank or not to spank?

Corporal Punishment in Canada – to spank or not to spank?

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 —...

Obtaining Bail Pending Appeal in Criminal Cases

One 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...

Increased Sentences for Sex Crimes Against Children

In 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...

Explaining Peace Bonds in Criminal Cases

A 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...

Sealing Canadian Youth Court Criminal Records

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...

Redefining the Crime of Making Child Pornography

This past week, the Ontario Superior Court of Justice departed from a long line of Ontario jurisprudence and held that copying extant child pornography, or downloading it and transmitting to disks, does not constitute the offence of making child pornography. In R. v....