Blog: Understanding Canadian Criminal Law
Legal Commentary
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
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 person of having committed an offence; (b) doing anything...
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
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
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
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?
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 —...
New Mandatory Minimum Sentences for Serious Drug Offences in Canada
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...
Supreme Court of Canada clarifies “care and control” for drinking and driving offences
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
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...
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...
The Family Law Consequences of a Criminal Domestic Violence Conviction
Sadly, 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...
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...
Changes to the Citizen’s Power of Arrest, Self-Defence and Defence Of Property Laws in Canada
On June 28th, 2012, Bill C-26 (also known as) the Citizen’s Arrest and Self-defence Act, received Royal Assent and came into force on March 11th, 2013. The bill has expanded on the citizen’s arrest powers and reformed the law with respect to the self-defence and...
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....
Trafficking Cocaine, Marijuana or Other Drugs
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...
Marijuana Production and Cultivation Charges
It is a criminal offence in Canada to produce marijuana or other illegal drugs prohibited by the Controlled Drugs and Substances Act (CDSA). The charge of producing marijuana, whether it involves an indoor or an outdoor grow operation, is a very serious allegation. ...
Defending Robbery Charges in Toronto
Robbery Lawyer Toronto Robbery is a serious criminal charge with grave consequences. The maximum punishment for robbery is life imprisonment. In cases involving the use of firearms, there is a minimum sentence of four years imprisonment. Daniel Brown is an experienced...
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