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Blog: Understanding Canadian Criminal Law

Legal Commentary

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 —...

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 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...

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....

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...

Fail to Appear in Court Charge

Generally, it is a criminal offence to intentionally fail to appear in court as directed by a judge or to fail to appear for fingerprints and photographs as directed by a police officer pursuant to a valid court order. This article is intended to provide basic legal...

Communicating for the Purpose of Prostitution

This article provides legal information about soliciting a prostitute charge in Toronto,  Ontario. It is not intended to be used as a substitute for proper legal advice. Those looking for legal advice on soliciting a prostitute should consult a criminal lawyer. Call...

Defending a Crown Appeal

This article provides legal information about defending a criminal appeal initiated by the Crown Attorney in Ontario of either an acquittal or sentence. It is not intended to be used as a substitute for proper legal advice. Those looking for legal advice on the time...

Refusing a Breath Sample Charge

In Canada, It is a criminal offence to intentionally fail or refuse to comply with a demand to provide a police officer with a breath sample for the purpose of assessing the concentration of alcohol in the body of the driver of a motor vehicle. A person charged with...

Drug Importing Into Canada

It is a criminal offence in Canada to import any type of drug including cocaine, marijuana, heroin, ecstasy or other drug prohibited by the Controlled Drugs and Substances Act. In Ontario, most drug importing charges arise out of crimes alleged to have been committed...

Penalties for DUI Cases in Canada

This article summarizes various types of reduced driving prohibitions for drinking and driving cases and identifies the preconditions for qualifying in Toronto, Ontario. Those seeking legal information on defending a drinking and driving case in Toronto, Ontario can...

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