Sexual assault cases involving vulnerable persons, such as individuals with disabilities, minors, or those who are otherwise unable to provide valid consent, present unique legal considerations in the Canadian legal system. Establishing consent in such cases, proving or disproving consent, and addressing the special duty of care and responsibilities of […]
Read more ›In cases of sexual assault, there are typically two available defences: denial of the allegation and claiming either the complainant consented or the accused had an honest but mistaken belief in consent. In this article, we will review the relevant law in Canada with respect to the defence of honest […]
Read more ›A joint recommendation, or joint submission, is an agreement between the Crown Attorney and Defence Counsel to recommendation a particular sentence to the judge in exchange for the accused entering a guilty plea. The joint recommendation is made in consideration of the gravity of the offence, the strength and weakness […]
Read more ›A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. There is culpable homicide and non-culpable homicide. Fist degree murder, second degree murder and manslaughter are all forms of culpable homicide. The Criminal Code of Canada defines culpable homicide as: 222(5) […]
Read more ›Solicitor-client privilege is a legal doctrine that protects written and oral communications made in confidence between a lawyer and their client for the purpose of obtaining legal advice. “While in Canada we refer to this protection as solicitor-client privilege, it is referred to differently in other places around the world, […]
Read more ›Hearsay evidence is a term that often comes up in court during trials or preliminary inquiries, and it refers to any out-of-court, second-hand statement being presented for the truth of its content. It is important to understand the concept of hearsay and its implications in court proceedings. Examples of Hearsay […]
Read more ›Firearm offences are among the most serious charges in the Criminal Code. But what is a firearm? How does the Crown prove that a device is a firearm? And how does that affect what charges are going to be laid? This video provides a quick summary, but for a fuller […]
Read more ›After the legalization of marijuana in Canada, amendments were made to the Criminal Code to reflect the changing nature of impaired driving offences. While the amendments included both minor and significant changes to impaired driving laws, one area of significant change was the sentencing regime and impaired driving penalties. The […]
Read more ›Your rights are enshrined in the Canadian Charter of Rights and Freedoms. It’s important to know your legal rights when dealing with the police. These rights form part of the foundation of our legal system and are in place to protect your privacy and liberty. A failure to know and […]
Read more ›Avoid Becoming a Victim of a Burglar If you are a homeowner, this article is a must read. There is a lot of misconceptions out there about keeping your home safe. If you follow my tips, your chance of being a victim of a break and enter will be greatly […]
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