Guilty Plea Clients often ask me if they should enter a guilty plea. That question should be decided by the client and only the client. An accused before the court should never feel pressure or duress to enter a guilty plea. The law gives everyone a right to a trial and a right to have [...]
What is an Intermittent Sentence? An intermittent sentence is a sentence of imprisonment that is served on specific days only, as opposed to consecutive days. For an example, a person who is sentenced intermittently could serve their sentence on weekends only. It is also required that an offender comply with conditions of a probation order [...]
What is the Fundamental Principle of Sentencing? The Criminal Code states that the fundamental principle, or guiding rule, of sentencing is that “[a] sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.” This is known as the principle of proportionality. In determining the gravity of the [...]
DUI - Read More Drunk Driving Recent Decision on Impaired Care and Control Demonstrates the Complexity of the Offence
An investigation for drunk driving begins when a police officer has “reasonable grounds” to believe that a person has driven a vehicle in the past three hours with alcohol his/her system. Simply put, if a police officer thinks a person has driven in the last three hours with alcohol in his/her body, the police officer [...]
SOIRA - Sexual Offender Information Registry Act Due Process Must Always Trump Victims’ Rights in Sexual Assault Cases Why Did Jian Ghomeshi Have His Sexual Assault Charge Dropped for a Peace Bond?
Definition of Consent The most basic definition of consent is permission or agreement from one person to another person to have that other person do something that would otherwise be illegal. This general definition applies to all situations. Additionally, the law has special rules regarding sexual activity. Further, there are even more specific rules for [...]
WHAT IS POSSESSION? Definition According to the law a person is in possession of something when she or he has it on their person or knowingly: has another person keeping it for him/her, or has it in a place for his or another person’s benefit. The law also states that where two or more people [...]
Assault - Section 266 of the Criminal Code An assault is any intentional application of force to a person without the consent of that person. Attempting to apply force can also be considered an assault as well as aggressively approaching or impeding someone or begging while openly carrying a weapon or imitation weapon. Penalty The [...]
What is Domestic Assault? Domestic assault is an assault that takes place between two people involved, or formerly involved, in a domestic relationship. A domestic relationship can be a relationship between a boyfriend and a girlfriend, a husband and a wife, same-sex couples, common-law partners, parents, children, and other relatives. While there is a legal [...]
