Criminal Defence Law Blog
[text-wrapper] When someone prefaces a story he is about to tell you by saying, “This is hearsay, but…,” you know that it may not be totally true. In fact, it may be completely false. The same is true in law. “Hearsay testimony” and “hearsay evidence,” refer to information provided to a court by witnesses who …
Continue reading “Hearsay: Dealing With Second-Hand Information”
[text-wrapper] If you have been arrested or detained for questioning by police, you have a right to seek advice from a lawyer. That right, as established in 1982 by 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 …
Continue reading “If I’ve Been Arrested, What Are My Rights?”
[text-wrapper] Are Mandatory Minimum Sentences For Weapons Violations Constitutional? In the wake of Toronto’s 2005 “Summer of the Gun”, Canada’s conservative government passed several laws as part of a tough on crime initiative, including mandatory minimums for possessing a weapon for a purpose dangerous to the public’s peace or for the purpose of committing a …
Continue reading ““Tough on Crime” Gun Laws Ruled Unconstitutional By Court of Appeals”
[text-wrapper] Although it is never a good idea to get behind the wheel while under the influence of drugs or alcohol, there are certain – and rare — circumstances when drivers have may feel that they have no choice but to drive impaired. This unique defence is known as “necessity” or, more colloquially, the “lesser …
Continue reading “No Choice but to Drive Drunk? The Rare Defence of “Necessity.””
[text-wrapper] You Don’t Need a Conviction for a Youth Record Young people do not always think before they act. Unfortunately, the inexperience of youth can lead to quick and harsh lessons in reality. Children ages 12 to 17 are governed by the Youth Criminal Justice Act, which imposes specific penalties on young people charged with …
[text-wrapper] Regaining Your Freedom as Soon as Possible is Crucial Any time you or a loved one has been arrested and put in jail, the most immediate concern is getting out of jail as soon as possible. Getting released on bail quickly is not only important for your physical and psychological well-being, but long-term freedom …
Continue reading “Getting Released From Jail After an Arrest”
[text-wrapper] Harassment, often called stalking, was added to the Criminal Code of Canada in 1993 to protect the physical and emotional safety of those who find themselves the subject of ongoing and unwanted threatening or disturbing behavior. Technology has come a long way since then, and while stalkers continue to make repeated telephone calls, physically …
Continue reading “Online Harassment Can Link You Straight to Jail”