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Everyone, regardless of the criminal offence, has certain legal rights as defined in the Canadian Charter of Rights and Freedoms. There rights were included into the Charter as a means to ensure everyone is presumed innocent, until they are proven guilty in an impartial and fair court of law. If you are suspected of committing a crime, the first thing that normally occurs is the police conduct an investigation. Continue reading
In the Canadian Criminal Code, the term “mischief” refers to a number of activities that constitute serious criminal offences with stiff punishments. Far from harmless, these crimes do damage to property, can waste valuable police resources, and put the freedom of others at risk. Continue reading
You may have heard the term “hearsay” before. In criminal proceedings, “hearsay” refers to testimony in which the witness is relaying information they received from a third party, and the statement allegedly made by that third-party is being offered as evidence to support either the prosecution or defence. For example, if a witness testifies that “Daniel told me that he saw the defendant drink six beers before he drove away from the bar,” and that testimony is offered to support the Crown’s impaired driving case, that is hearsay and likely would be inadmissible. Continue reading
If you’ve been arrested or detained by the police, it is of vital importance that you understand your rights, including your right to consult with a criminal defence lawyer. Section 10 of the Canadian Charter of Rights and Freedoms, requires that you be informed of your right to counsel and your right to seek legal aid at the time of your arrest or detention. In fact, some courts have concluded that even if a person in custody decides not to consult with a lawyer, Section 10 is violated if the police fail to provide that information. Whether or not the police advise you of your right to counsel, always exercise that right and seek the advice of a criminal defence lawyer immediately. Continue reading
When police investigate a crime, they work diligently to examine all the evidence, interview witnesses, and identify a suspect. Once the police finish their criminal investigation, it is their responsibility to lay charges if the evidence and facts support the charges. The accused is formally charged and eventually provided with information explaining exactly what offence they are alleged to have committed. If you’ve been charged with a criminal offence, it is vital that you have a skilled Ontario criminal defence lawyer at your side who can help you at this crucial early stage of your case. Continue reading
When you are caught up in the criminal justice system, you’re faced with many choices that can impact the course of your ordeal: Should I speak with the police? How should I plead? Should I negotiate with Crown prosecutors? Should I take the stand in my own defense? Each one of these choices is significant, but more than any other, your choice of an Ontario criminal defence lawyer can make the biggest difference as to whether you regain your life or face the loss of your reputation, career, or freedom.
Summer is here, which means that tourists and visitors from across Canada and from around the world are coming to Toronto to experience all that this great city has to offer. But if your visit sees you spending the night in a jail cell rather than a hotel room, your fun times can come to a crashing halt. Getting arrested when you’re visiting another city, province, or country puts a whole new spin on the phrase “tourist trap.” Being taken into police custody is unpleasant and scary when you’re in your own hometown; experiencing an arrest while you’re on vacation or on a business trip is potentially terrifying.
It may be tempting after an arrest to enter a guilty plea in hopes of a lighter sentence and a quick resolution to your ordeal. You want to move on with your life, maybe avoid paying some legal fees, and think that entering a plea is the answer to your current legal problems.
Recently, a Toronto police officer was reminded about the old adage that a man’s home is his castle, and a defendant was reminded that challenging the propriety of police conduct can result in a conviction being thrown out. Continue reading
“Bullying,” repeatedly saying or doing hurtful things to someone else, has been a sad reality around schools, playgrounds and elsewhere for generations. For decades, such conduct was generally shrugged off with comments like “boys will be boys” or admonitions to “toughen up.” No more. In 2012, Ontario passed the Accepting Schools Act as a response to the growing concern about bullying behaviours, as well as the tragic suicides of a number of bullied students. This act, among other things, raised the disciplinary consequences for students who engage in various forms of harassment and bullying.
